In light of the football star's recent and tragic death, neighbors are outraged that the burglary occurred. Law enforcement says that someone apparently rummaged through cabinets inside the garage before taking a bicycle valued at around $500. The theft is believed to have occurred May 7.
]]> News of the event spread across the country. Wednesday, a woman who had heard of the bicycle theft was riding her own bike in Oceanside and spotted a bicycle outside a thrift store that she believed matched the description of the stolen bike. Police say that they recovered the bike thanks to that woman. No arrests have been made in the case, as investigators continue to look into the event.The bicycle has been returned to its owner-a friend of Seau. The friend of the late football star reportedly is happy to have the bicycle back.
The recent burglary followed Seau's tragic suicide by less than a week. Oceanside, California, workers reportedly had planned to maintain the home after the recent events, but authorities say that all Seau's belongings have now been removed. Two of the football star's children were at their father's home the night after the bicycle theft.
Police continue to look for someone they can link to the burglary.
Sources:
North County Times, "EXCLUSIVE: Police find bike stolen from Junior Seau's house," Morgan Cook, May 16, 2012
10 News, "Police Investigate Burglary At Junior Seau's Home," May 15, 2012
]]>Police claim that the woman who reported the fire may have been a "lookout" for the marijuana cultivation site. Authorities have made no arrests, but police say that the woman has been questioned. Details of what authorities may have found inside the warehouse remain sketchy. Law enforcement officials say that they are working on obtaining a search warrant for the location.
]]> The details that authorities have revealed suggest that police believe the marijuana grow includes a sophisticated setup, with separate rooms within the building devoted to different phases of the marijuana cultivation operation.The fire department claims that possibly as many as 1,000 marijuana plants were found in the warehouse. The plants reportedly were in various stages of growth-authorities believe the value of the pot may be in the neighborhood of several thousand dollars.
Law enforcement says that they are looking to find the person or persons who may be responsible for the alleged cultivation operation. The woman who has already faced police questioning is described as a woman in her late 20s. No arrests have been made.
The fire at the two-story warehouse in Richmond was reported around 3:30 Wednesday morning.
Source: San Jose Mercury News, "Electrical fire reveals warehouse-sized pot grow in Richmond," Robert Salonga, May 16, 2012
]]>The man was not accused of being present during the alleged kidnapping event. Authorities had claimed that the man was the leader of a Nuestra Familia street gang regiment. Prosecutors argued that the man had ordered others to make an example of a person who allegedly had failed to pay for drugs that had been advanced to him.
]]> Prosecutors apparently brought witnesses in to court to testify at trial against the alleged San Jose gang leader. The witnesses reportedly included those people who allegedly had participated in the kidnapping. The witnesses could have faced their own life sentences for the alleged offense, but apparently were given deals for testifying that will reduce their own exposure to prison time to 15 to 24 years.The prosecutors had alleged that the kidnapping victim escaped from a moving van while it was traveling on Capitol Expressway. The van reportedly fled the area before police and emergency responders could respond to 911 calls describing the expressway incident.
The man convicted of ordering the kidnapping event previously had faced a three strikes sentence. However, in 2004, a California judge set aside two strikes at sentencing to allow the man to avoid a three strikes sentence. In that case, the San Jose man had been accused of being a felon in possession of a firearm. The prosecutors also brought gang enhancements in that case.
Source: Pasadena Star-News, "San Jose gang leader nicknamed 'Capone' sentenced to 223 years to life for violent kidnapping," Tracey Kaplan, May 4, 2012
]]>The Los Angeles County Sheriff's department says that the trio may face dozens of counts of conspiracy and California burglary charges in relation to an investigation conducted by the Sheriff's Department's Major Crimes Bureau.
]]> Authorities claim that an off-duty Sheriff's deputy spotted a Nissan Murano drive past his home around 4:00 in the morning one day in March. The off-duty deputy says that he noticed a bike rack on the vehicle and became suspicious of the sight. He decided to take down its license plate number of the vehicle.Several days after the alleged sighting of the SUV, the deputy claims a neighbor told deputy that two of his bikes had recently been stolen. The deputy apparently pulled out the license number and tracked the SUV to the three men who are now accused of stealing nearly 200 bikes over a two-year-period spanning six different counties.
Law enforcement claims the three men used Craigslist and Facebook to find high-end bicycles. Investigators say that an Irvine man awoke in the middle of the night in March after hearing noises in his home. The man says he saw alleged burglars pulling away from his home. The Irvine resident looked around his home to find that the only thing missing was his daughter's bike, valued at more than $5,000, according to the Los Angeles Times.
The Irvine man claims that he had run an ad on Craigslist in an effort to sell his own road bike for several thousand dollars. The man claims that someone made an appointment to see that bike, but later cancelled the appointment. The alleged burglary at the Irvine man's home occurred roughly two weeks later.
Investigators claim that the men accused of stealing the high-end bikes would also seek out photographs posted by bike enthusiasts on Facebook pages to target goods for the bike theft scheme.
Officials say that they located stolen bikes and bike parts at a number of locations during the investigation, including at a bike shop and at one of the three suspect's homes.
Source: Los Angeles Times, "Tour de theft targets high-end racing bikes," Andrew Blankstein, May 8, 2012
]]>Police agencies often use a variety of tactics during stepped-up enforcement operation surrounding a holiday weekend. Checkpoints and saturation patrols may not be the only strategies that police may seek to employ to enforce California DUI laws. A story from the Bay Area highlights the type of unique strategies an agency may use in an effort to find drunk drivers.
]]> The San Francisco Police plan to send officers out on motorcycles Friday night to look for drunk drivers. A captain with the police department says that, "Our Harley Davidson Road Kings have a lot of maneuverability advantages over regular patrol cars." Police say that most motorists do not notice the bikes until it is too late. The police captain says officers on a Harley "can ride right up to the driver's window and check for any signs of alcohol or drug impairment."Most agencies, however, use more traditional saturation patrols or sobriety checkpoint operations to focus on drunk driving laws.
DUI checkpoints are somewhat unique in terms of constitutional law. In most situations, the Constitution requires that police have some basis to suspect a person of criminal activity before making a traffic stop. But the U.S. Supreme Court and California courts have ruled that law enforcement can constitutionally set up sobriety checkpoints to enforce drunk driving laws, as long as sufficient safeguards are followed in setting up the operations.
When a person is accused of drunk driving in Santa Cruz County based upon alleged evidence gathered at a sobriety checkpoint, an experienced DUI defense attorney can help in assessing whether the enforcement operation was conducted in compliance with constitutional protections, and whether law enforcement violated any rights of the person accused.
Source: SF Weekly, "Cops on Harleys to Sneak Attack Drunk Drivers," Erin Sherbert, May 2, 2012
]]>A recent story in the news that highlights the situation involves a Southern California Assembly member who was arrested in late March on DUI charges. The assemblyman, who has the right to remain silent under the law, reportedly told reporters after this arrest that he was not drunk the night of his arrest.
He reportedly said that he had some wine with dinner, but was not drunk. He also reportedly told the news media that law enforcement lacked probable cause to conduct a traffic stop.
]]> The allegations arose in Concord when a police officer claims that the assemblyman failed to use his turn signal and was allegedly weaving just after 2:00 a.m. March 27. The officer conducted a traffic stop on the alleged minor traffic violations, and claims the assemblyman refused a Breathalyzer test and failed a field sobriety test.A blood sample was reportedly drawn at the Concord police station after the Southern California assemblyman was arrested on suspicion of DUI. Authorities announced last week that the blood test results came back showing a 0.08 percent BAC.
The lawmaker says that he looks "forward to fully looking into the specifics of the test for more information. I hope that others can learn from how dangerous it could be to drink any amount of alcohol prior to driving, as I have." Investigators are seeking misdemeanor DUI charges related to the incident.
It is important for Santa Cruz area residents to remember that anyone suspected of a crime has the right to remain silent. In our culture, many are aware that that right exists when questioned by police. Dealing with the police is not necessarily the only situation where the people can make statements against their interest when facing criminal charges.
Generally, statements made to any third party, even reporters, can be used against a person in a criminal trial. Those voluntary statements are generally considered fair game for prosecutors at trial, since constitutional protections generally limit the government's authority.
It vitally important for a person who is suspected, or accused, of a crime to consider speaking with an experienced Santa Cruz criminal defense lawyer as soon as possible for guidance on how to proceed in the face of the serious allegations or government suspicions.
Source: Chico Enterprise-Record, "SoCal assemblyman apologizes after blood test reveals he was drunk during Concord stop," Robert Salonga-Contra Costa Times, April 25, 2012
]]>A recent California case involves allegations of a so-called "Whip-it" canister containing nitrous oxide. A 22-year-old Folsom man is accused of serious DUI-related charges after a tragic double-fatal car accident in January. The man is facing two counts of gross vehicular manslaughter.
]]> A judge in Sacramento County ordered that the Folsom man stand trial on the gross vehicular manslaughter charges at a preliminary hearing April 24. Prosecutors reportedly introduced testimony at the preliminary hearing that the Folsom man had bought 50 canisters of nitrous oxide, or laughing gas, at a Folsom Smoke shop on the day of the car accident.Authorities claim the man inhaled gas while behind the wheel, before crossing into oncoming traffic. Two Citrus Heights men, a 32-year-old and his 37-year-old brother were killed in the car accident. A man from Folsom who was friends with the two brothers was also injured in the tragedy.
Authorities claim that after the crash, the man accused of causing the wreck remembered hearing the sounds of a crash, but "didn't know if he was in it." Officials claim that the accused said that he felt "like he was in a cloud after the accident."
Based upon the preliminary evidence, the judge set a trial date for July 26. The man accused of the charges faces up to more than 15 years if convicted.
Source: Sacramento Bee, "Nitrous oxide DUI suspect to face vehicular manslaughter trial," Andy Furillo, April 24, 2012
]]>Somehow, Napa police learned that one of the arrestees has an 8-year-old child, and law enforcement says that they became concerned about the child's whereabouts. An investigation into the child's whereabouts may eventually lead to serious charges for alleged drug crimes.
Napa Police claim that they received "misleading and conflicting information" about where the 8-year-old might be located. Authorities descended on the mother's home after the 2:00 a.m. arrest Sunday and claim to have entered the woman's apartment, possibly without a warrant based upon information reported in the media, to search for the child. Authorities claim that they found the child inside the home.
]]> During the apartment raid, law enforcement claims that they observed chemicals, glassware and equipment that police believe can be linked to the "clandestine manufacture" of methamphetamine. Law enforcement claims that the alleged drug manufacturing lab was located in areas of the apartment that were accessible to the child.Napa Police claim that officers found evidence of methamphetamine use in the apartment. Police assert that drug paraphernalia, including a meth pipe and a syringe were located somewhere in the private residence.
Police booked the two adults, whose relationship remains unclear, into the Napa County Department of Corrections and each are reportedly being held in lieu of $250,000 bail. News reports do not indicate what charges law enforcement expects the two adults to face in relation to the incident.
Authorities reportedly took the 8-year-old child into protective custody.
Source: Vallejo Times-Herald via contracostatimes.com, "8-year-old found in suspected methamphetamine lab in Napa," April 24, 2012
]]>Four of the panel members voted to approve the bill, which would still need approval from the full California Senate and the State Assembly before it would be put before the governor for his signature.
The bill has the support of a District Attorney from San Francisco, who says that imposing long prison sentences for Californians convicted for personal drug possession offenses creates a "vicious cycle that does further public safety." However, the California District Attorneys Association does not share that view, as the association opposes the bill.
]]> The overall position of the DA association is shared by the California State Sheriff's Association. The two groups believe that reducing drug possession offenses to the misdemeanor level may lead to an increase in future property crimes and violence.In support of the measure, a state senator from San Francisco says drug users who get treatment are actually less likely to commit future crimes than those who serve long prison sentences for possessory offenses. Before the committee held its vote Tuesday, the San Francisco Senator told the panel Tuesday that, ""Without this bill they are not going to get treatment." He agrees with the San Francisco DA that long sentences behind bars are not doing any good for California.
The American Civil Liberties Union and the NAACP are in favor of the California drug crimes bill that would bring California in line with 13 other states that have reduced possession crimes to the misdemeanor level, according to the Los Angeles Times.
Source: Los Angeles Times, "Senate panel supports lesser penalties for heroin, meth possession," Patrick McGreevy, April 17, 2012
]]>Police claim the man was driving a blue Ford truck in Watsonville around 11:45 a.m. Sunday when he allegedly asked some people who apparently were standing in an alley for gas money. Law enforcement claims the man later ran the Ford into a car and, after displaying a gun to the driver, stole the driver's cellphone and money, before fleeing from the area. Police later concluded that the blue Ford had been stolen from near San Mateo.
]]> While searching for the alleged stolen Ford and the man law enforcement suspected of the alleged robbery in Watsonville, authorities fielded a report that a vehicle struck a fence and propane tank in Soquel around 1:00 Sunday afternoon. Police claim the man again brandished a gun to witnesses before fleeing on foot. It was roughly twelve hours later that law enforcement claims to have spotted the man in the compact car with two women.Police claim the man eluded police and eventually made his way into a tree in Capitola Village. A SWAT team was called in. Police believed that the man was armed and hiding out from police in the tree, roughly 150 feet above the ground. Capitola Police spoke with the man for several hours, and say that he climbed down from the tree after growing tired. When the man reached the ground, law enforcement learned that he was not armed at all.
Police arrested the 25-year-old Modesto man on suspicion of robbery, auto theft, brandishing a gun and resisting arrest after the Capitola standoff.
The two women who were in the compact car reportedly were also taken into custody on outstanding warrants. Police claim that a search of the car revealed alleged burglary tools.
Authorities have now expanded their suspicions of all three people and are reportedly seeking whether the trio can be linked to any other allegations of crimes. Police reportedly say that they are investigating whether the trio can be linked to an alleged auto burglary Sunday night in Aptos.
Source: Santa Cruz Sentinel via MercuryNews.com, "Armed parolee hides in tree for hours to evade deputies," Cathy Kelly, April 16, 2012
]]>Authorities claim that the man fled from police during the alleged attempted encounter. Capitola officers say that the man initially was aggressive toward officers before he took off running. Authorities accuse the man of a series of acts that have landed him in jail on suspicion of resisting arrest, vandalism, assault with a deadly weapon and trespassing.
]]> After initially fleeing, the man ran to a condominium complex, according to police. Officers say that they located the man, but he refused to be arrested. Officers say the man hit a squad car with a metal rod before police zapped him with a Taser. After the stun gun allegedly failed to have the effect police had hoped for, authorities accuse the man of grabbing a tree branch and swinging at officers.One officer reportedly was hit in the head with the branch and was treated for an injury at a local hospital. Officers used a stun gun a second time, according to police reports. The second Taser blast reportedly subdued the man, but he continued struggling with law enforcement as they tried to handcuff the man, according to law enforcement.
The man is accused of fleeing a second time inside the complex, but ran through a sliding glass door, according to authorities. Police say that the man used a ladder to try to attack officers before taking a third blast from a stun gun. At that point, Capitola Police say the man was cuffed and taken to the hospital for treatment of injuries the man sustained in the involvement with police.
He was later booked into jail on serious criminal charges.
Generally, our laws provide criminal defendants with a variety of rights against unreasonable governmental intrusion. However, laws also prohibit people from acting out toward police. Santa Cruz criminal defense lawyers know that many people misunderstand their rights in dealing with the police.
Most, if not all, people who work in the criminal justice system recognize the importance of being polite during an encounter with the police. However, being polite does not necessarily mean that it is necessary to answer police questions about any alleged offense.
The right to remain silent is an important Constitutional right that many are aware of, but fewer understand how speaking with police during an encounter, or at any stage of an investigation, can adversely influence their criminal defense.
It is polite during a police encounter to politely decline to answer questions about an alleged offense without becoming rude. However, advancing beyond rude and acting out during a police encounter can generally lead to additional charges, such as resisting, or worse.
Source: Santa Cruz Sentinel, "Man arrested after evading, attacking Capitola police; officers use Taser three times on suspect," Jessica M. Pasko, April 11, 2012
]]>Police claim the driver of the car gave the officer permission to rummage through the vehicle. In the end, law enforcement arrested three men for alleged weapons, drug offenses and a variety of other alleged offenses. Police also claim that they found items in the car that law enforcement is characterizing as burglary tools.
]]> Police claim that a loaded .22 caliber gun was found in a search of a backpack inside the vehicle. Law enforcement claims that a passenger in the vehicle can be tied to the backpack, and the 24-year-old Santa Cruz resident was arrested on suspicion of unlawfully possessing a loaded gun. That passenger may also face drug possession charges, according to police. The passenger reportedly had an outstanding warrant for an unidentified offense.In addition to the gun and alleged burglary tools, Santa Cruz police say that the discovered a knife, and small amounts of marijuana and methamphetamine during the vehicle search.
The driver was arrested on suspicion of drug possession and driving without a license. A second passenger in the vehicle, a 22-Santa Cruz man was taken into custody on suspicion of drug possession and public intoxication after the incident.
Few details about the encounter have been publicly reported-thankfully, alleged criminal offenses are tried in a court of law and not in the media. It is important to note that criminal defendants in the Santa Cruz area are presumed innocent unless the prosecutor can prove guilt beyond a reasonable doubt, based upon lawfully obtained evidence.
Source: Santa Cruz Sentinel, "Three arrested in Santa Cruz when loaded handgun, drugs are found in car," Stephen Baxter, April 9, 2012
]]>Police say the man drove past a police station on Tiburon Boulevard. Law enforcement says officers grew concerned because they heard him yelling and screaming as the car passed by the station. Police reportedly conducted a traffic stop, which eventually led to felony DUI charges.
]]> The accused reportedly has three prior DUI convictions on his record-the oldest of which dates back to 2002. Those three priors were used to upgrade the DUI charges to a felony level under California law. The man pled guilty to felony DUI under a negotiated plea agreement with prosecutors.The plea deal includes probation and up to one year in the county jail. If the 56-year-old violates the terms of probation he still could face up to three years in prison under the plea agreement. A sentencing hearing in the felony case is scheduled for May 2.
Meanwhile, police in Sausalito claim that the Tiburon man was found slumped over his steering wheel in the parking lot of a supermarket February 18. A sergeant with the Sausalito Police says that the arresting officer knocked on the window of the defendant's car to wake him up.
The man was later arrested on suspicion of DUI and driving on a suspended license. The Feb. 18, 2012 arrest came more than ten years after the man's prior 2002 DUI conviction was entered, and because the arrest fell outside the ten year look-back period for California DUI charges, the Sausalito allegations involve a misdemeanor DUI charge. The accused says that he plans to take the allegations before a jury.
Police had initially responded to the parking lot after someone had called to report a parking lot accident.
Source: Marin Independent Journal, "Tiburon man admits to DUI No. 4, but denies DUI No. 5," Gary Klien, Mar. 30, 2012
]]>SWAT team officers entered the college and other officers swarmed the campus and nearby locations Monday. Several miles away from the East Oakland campus, police in Alameda reportedly have arrested a man at a shopping center who law enforcement believes is connected to the incident.
Details about the entire incident remain confusing across media reports, including conflicting reports on the number of wounded or killed in the East Oakland shooting, and what led law enforcement to Alameda.
The man taken into custody may be facing serious felony charges that could range from multiple counts of murder, to assault with a deadly weapon and battery charges, if law enforcement can tie him to the East Oakland incident.
]]> Many Central Coast residents can be confused by the legal distinctions between assault and battery offenses. Battery charges essentially require some element of contact with an alleged victim, such as hitting a person. Assault itself does not necessarily require some form of contact with an alleged victim.When someone is accused of assault with a deadly weapon, or allegations of assault with force likely to cause great bodily injury, the stakes can be even higher. Manslaughter and murder charges can also expose a person accused of the offense to significant time behind bars.
We cannot know how the events reported in East Oakland Monday morning will transpire as time goes forward. Tragic events, such as the campus shooting, will likely receive a great deal of media coverage. As details of the day's incident remain sketchy, it is important to note that criminal charges are best resolved in court, and not tried in the media.
Source: Los Angeles Times, "Suspect in Oakland religious school shooting detained miles away," Matt Stevens and Stephen Ceasar, April 2, 2012
]]>Ten retired police officers, deputies, prosecutors, judges and other criminal justice professionals signed the letter calling for withdrawal of the DUI drug-related bill, saying that the draconian measure would criminalize driving by any California medical marijuana patient, even if the patient was not impaired at any time near the time of the arrest.
]]> The criminal justice veterans acknowledge that California law already prohibits driving under the influence of drugs, based upon evidence that the pot, prescription medications or other drugs have caused impairment of the driver. The group says that the current flawed California DUI bill prohibiting pot-based driving without the need to show impairment would make driving illegal for up to 30 days after a medical marijuana patient lawfully smokes pot.A former LA deputy chief of police says the bill has "no basis in science." He goes on to say that, "Enacting this legislation would not only be disastrous for our state's legal medical marijuana patients, but would impede public safety for all Californians by distracting police from catching actually dangerous drivers."
The criminal justice veterans say that an unimpaired driver could be convicted of DUI, including unimpaired medical marijuana patients. "And if it happens to the same patient on three occasions, they will face a mandatory ten-year prison sentence, all while still being innocent," the letter states.
The bill was introduced February 24 and referred to the Assembly Committee on Public Safety. The letter from the criminal justice professionals urging that the bill be withdrawn was sent March 27 to the assemblywoman who introduced the bill.
Source: Salem News, "Cops And Judges Ask California Legislator to Withdraw Marijuana DUI Bill," Mar. 27, 2012
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