Unlawful Arrest

Bounty Hunters, Penal Code § 844, and Jailhouse Law

Bounty hunters are nothing more than private persons (i.e., not peace officers), especially when it comes to breaking into someone’s home to make an arrest. California’s bounty hunter statutory scheme, which superseded...more

You Can't Suppress The Body, But You Can Suppress The Fake ID Used To Find The Body

The Supreme Court has said that you can never suppress the body of a person accused of a crime - the person's identity is not able to be kept out of evidence, even if that identity is the result of an unlawful arrest or...more

The Broadening Applicability of Issue Estoppel

The Court of Appeal’s decision in Penner v. Regional Municipality of Niagara Regional Police Services Board et al. (reserved at the Supreme Court, January 11, 2012) gives support for a broader application of issue estoppel....more