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Not necessarily, a "discovery motion" allows the defense attorney to demand the production of evidence, consistent with the rules of evidence. The problem in trying to use a discovery motion to seek out "Brady Material" is that the defense attorney doesn't know what to list in the motion.

Terry, I suspect that you might be mixing legal "Apples" and "Oranges" with your posting. It's common in Domestic Violence cases for one of the parties to seek a Domestic Violence Restraining Order. Such an order, when properly served, makes it illegal for the restrained person to possess...

The Duarte case is a very significant addition to this discussion. But we should note that it is a product of the Ninth Circuit, and that the Ninth Circuit has been extremely fragmented in it's view of Second Amendment cases. There have been previous victories for Second Amendment cases before...

Terry, I have to respectfully point out that you're in error here, with regard to the federal law. There is nothing in the federal law that states it is illegal to "possess" a firearm while under indictment for a felony. The applicable federal statute here is Section 922 of Title 18 United...

NEGATIVE. 18USC922 does not prohibit President Trump from continuing to possess firearms that he currently owns. However, 18USC922(n) makes it unlawful for a person who is under indictment to receive a firearm, and to receive ammunition, that has been transported in interstate commerce. In...

Keep in mind that the "Miranda" requirement is not binary. It's not an "on-off" switch. A lot of the case law following the Miranda decision has considerably changed the nature of the admonishment over the years. The legal pendulum has swung considerably. That point is evident in the video...

It goes even deeper than that. When you "Read between the lines" of the Miranda decision, it becomes pretty clear that the Justices were troubled by the fact that the Fifth Amendment right existed, but had become somewhat meaningless because of police practices existing at the time. We often...

That is correct. There are two "prongs" that have to be satisfied before the Miranda Admonishment is required: 1) The subject must have been subjected to an oppressive police environment. This traditionally has been understood to mean that a person was in custody, but recent case law has...

I have to respectfully disagree with this. As a group, Public Defenders have done a much better job of testing my cases than have members of the private defense bar. They are a "High Volume" business and don't give much personal attention to their clients, but they know the law and quickly...

You don't receive a "Miranda Admonishment" when arrested unless there is an interrogation accompanying the arrest. A wise LEO will seek to obtain needed information before making the arrest, thus eliminating the need for the admonishment, and preserving the ability to infer "Guilt from Silence"...

Spats, A very good posting. No offense taken by this LEO to your recommendation to "Survive police arriving on scene." Early in my career, I responded to a shooting scene where there was an off-duty deputy at the scene (who had just finished his shift at the station). He intervened with gun...

Retired LEO here, with more than 30 years experience, most in the inner-city. There'a a lot of bad information in your posting. I've responded to hundreds of cases where folks used force in self defense, with probably 20 involving shootings. Out of all those, only two of the folks claiming...

No need for a separate thread. All of the issues here on on the table. As you can tell, I took issue with your postings, but the main value of this forum is to inform the folks that read it. The Duncan v Bonta case is one that is worth following. It has taken enough "twists and turns" to...

You have correctly pointed out that Judge Benitez's Preliminary Injunction only covers subparagraphs (c) and (d) of California Penal Code section 32310, and does not cover subparagraphs (a) and (b) WHOA - You really went off the rails here. As to this posting, you're pretty much on point. It...

I think that you may be confused as to the current state of the enforcement ban. Judge Benitez did find that California's Large-Capacity Magazine statute was unconstitutional. That ruling has been stayed, and the case is now before the Ninth Circuit Court of Appeals. Judge Benitez also issued...

California did not stop enforcing the "Large-Capacity" magazine statute for the reasons that you stated. California stopped enforcing the statute because the federal District Court ordered it to do so.

And that is good advice. When serving warrants, I would often be requested by persons at the location to be allowed to telephone their attorneys. The law provided no right to such a consultation, so long as those persons were not interrogated at the scene, but I would normally permit such...

Please be careful with your analysis here. In a civil lawsuit, making a well-reasoned argument that the nice LEOs should have pursued a different course of action, and one that you believe would have led to a different outcome, doesn't really win you any points, and it doesn't lead to a...

^^^THIS^^^ This was the same thought I shared in our other thread on this subject. There are some cases where it is advantageous to serve a search warrant while the subject of the investigation is present, but this doesn't appear to be one of them. The objects likely listed in the search...

Pretty much "NO". What crime do you think may have been committed by covering up the doorbell? On civil side, I doubt that there would be basis for a lawsuit resulting from the covering of the doorbell camera. The nice agents could eaily argue a rational basis for doing so, as it would help...