Legal Question in Criminal Law in California

Re: Perjury and Concealment of Evidence

Hello. Your question is more of an anguished

wail rather than specific questions. Trying

to separate them out, I would say:

An appellate decision came out within just

the past few weeks totally approving the

concept of the "Walk and Talk". The police

have long used a technique, called "Knock and Talk"where lacking any

"probable cause" at all (ie. where they just

have a "we tip") they go to someone's front

door, knock, and when it is opened they say

"We have information you are involved in

narcotics, we'd like to talk to you" The

Courts have long held that you might get a

religious fanatic or a brush salesman at your

door and know how to say "no thank you" and

you can do the same to the cops. That is

total nonsense, of course. They are moving

into your house as they first speak and no

one is going to stop them. It is called

submisssion to authority by most sane people.

Point is, the recent case applied the same

reasoning to a "walk and talk" where they

just walk up and say "Hello, I'd like to

speak to you" Then of course, they notice the

tell-tale signs of being under the influence

and perhaps do some tests like "follow the

pencil with your eyes" (horizontal gaze

nystagmus) and suddenly you are under arrest.

Of course it is nonsense to say that people

know that they can just "Say NO" (thanks...

Nancy Reagan)and walk away. Just try it and

see where it gets you.

The fact is that we have had sixteen years of

republican appointments to the appellate

courts of this state and there is no such

thing as illegal search and seizure.

The last thing I saw suppressed in Court was

a sneeze.

The rest of your "question" was a rant. Take

the time to frame a specific question and

email it to me and I will attempt to answer

it.

Take note that no attorney, least of all me,

can give you legal advice without studying

the facts and circumstances of your specific

and individual matter. You are always best

to retain local counsel who makes the focus

of his/her practice criminal law AND WHO

ACTUALLY GOES TO TRIAL ON SUCH CASES (most

do not, not all that surprisingly since you

make more money pleading people out!)

Good luck

Larry Bruce