News & Analysis as of

The Totality of Circumstances Test Used to Determine Foreseeability of Criminal Act

Unfortunately, criminal activity occurs at many retail and hospitality establishments. When a patron is attacked and suffers injury, the patron often looks to the establishment for compensation. The determination of whether...more

The Supreme Court - June 2016 #5

The Supreme Court of the United States issued decisions in five cases today: RJR Nabisco, Inc. v. European Community, No. 15-138: The European Union and 26 of its members filed an action in District Court against...more

FBI Returns to House Where it Did Not Find Gardner Museum Art Before, Does Not Find Gardner Museum Art There

Refreshingly, March 18 passed this year without the usual breathless maybe-it’s-about-to-turn-up coverage that has often been manufactured each year on the anniversary of the Isabella Stewart Gardner heist of 1990. That...more

Question Everything…Except the Witness - Tips on Maintaining Impartiality From R. v. Crawford, 2015 ABCA 175

On a frigid January night, Mr. Crawford was along for the ride when one of his companions—fuelled by alcohol and jealous suspicion, and armed with a completely ineffectual pellet gun—decided to steal a vehicle. Mr. Crawford...more

Supreme Court Update: Glebe V. Frost (14-95) And Order List

Greetings, Court fans! Another week, another summary reversal (the fourth in a row to start the Term). This time, the Ninth Circuit was back in the line of fire with Glebe v. Frost (14-95), a habeas appeal concerning the...more

Evidence Code § 1151 – Evidence of Subsequent Remedial Measures Following Shopping Center Robberies

Carl McIntyre, et al. v. The Colonies-Pacific, LLC California Court Of Appeal, Fourth Appellate District (July 31, 2014) California Evidence Code § 1151 excludes evidence at trial of a defendant’s subsequent...more

How Not To Train Employees: Stage A Fake Armed Robbery

Ever wonder how your employees would handle a life-threatening situation? Well, four supervisors of the West Kern Water District apparently did. And they didn’t just wonder; concerned about robberies in the area and following...more

BB&K Police Bulletin: Warrantless Home Search

Supreme Court Upholds Warrantless Home Search Where One Occupant Consents Following Suspect’s Arrest - Overview: The Supreme Court has ruled that police officers can conduct warrantless home searches based upon one...more

BB&K Police Chief Bulletin: Involuntary Confession - Involuntary Confession Induced by False Promise of Leniency Inadmissible

Overview: A California appellate court recently ruled that an involuntary confession motivated by an officer’s false promises of leniency was not admissible at trial. During the interrogation, the officer repeatedly asserted...more

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