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15 California opinions name it 2 courts 1940–2026 1 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
United States v. Eric Brodiegreen2 sentences2017Cir. 2014) 742 F.3d 1058, 1063 [Brown attenuation doctrine not applicable where detainee, in response to officers’ orders to put his hands on car hood preparatory to a search of his person, “fled on foot, and the manner of his flight in itself posed no incremental threat to anyone”].) 18 stop (as the officers claim). 2017Cir. 2014) 742 F.3d 1058, 1063 [Brown attenuation doctrine not applicable where detainee, in response to officers’ orders to put his hands on car hood preparatory to a search of his person, “fled on foot, and the manner of his flight in itself posed no incremental threat to anyone”].) 18 stop (as the officers claim). | 2 | 2 |
People v. Shueyred2 sentences1995To the extent that their actions created an emergency it was of the ‘ “do-it-yourself” variety’ condemned in People v. Shuey (1975) 13 Cal.3d 835, 849 . . . .” (Id. at p. 272.) *1853 We are mindful of the fact that federal, not state law, principles are controlling here. 1981To the extent that their actions created an emergency it was of the “‘do-it-yourself variety” condemned in People v. Shuey (1975) 13 Cal.3d 835, 849 [ 120 Cal.Rptr. 83 , 533 P.2d 211 ].) The suggestion that the arrest of the apparent addict, Chandler, some hour and a half earlier, created a situation in anywise comparable to those involved in Freeny and Ferdin 1 is without foundation. | 1 | 2 |
Planning & Conservation League v. Castaic Lake Water Agencygreen1 sentence2026Thus, the declaratory judgment ordering that the City include canine care pay in Base Compensation should apply only to canine care pay earned at a time when the Earnings Codes Documents included canine care pay in the category of retirement [B]ase [C]ompensation.” (Sloan, supra, D049158.) 14 League v. Castaic Lake Water Agency (2009) 180 Cal.App.4th 210, 241, fn. 25 .) Association maintains that Sloan nonetheless governs due to its preclusive effect under the doctrines of claim and issue preclusion. | 1 | 1 |
Florida v. JLgreen1 sentence2004(Florida v. J.L., supra, 529 U.S. at p. 270.) In Florida v. J.L., the informant provided neither (1) any predictive information that allowed the officers to test the informant’s reliability nor (2) any explanation for how he knew about the gun or had inside information about the suspect. | 1 | 1 |
People v. Boohergreen2 sentences1980The mood of the crowd as determined by the officers from hearing the statements was “a part of the total circumstances bearing upon the reasonableness of the actions taken and the force used by the officers.” (People v. Booher (1971) 18 Cal.App.3d 331, 337 [ 95 Cal.Rptr. 857 ].) The evidence was nonhearsay, probative of the officer’s state of mind relating to the reasonableness of his conduct under the circumstances and consequently admissible for impeachment purposes. (2) Out-of-Court Statements Made by a Spectator-Trial Witness to Another While Observing the Incident; The trial court’s exclu 1980The mood of the crowd as determined by the officers from hearing the statements was “a part of the total circumstances bearing upon the reasonableness of the actions taken and the force used by the officers.” (People v. Booher (1971) 18 Cal.App.3d 331, 337 [ 95 Cal.Rptr. 857 ].) The evidence was nonhearsay, probative of the officer’s state of mind relating to the reasonableness of his conduct under the circumstances and consequently admissible for impeachment purposes. (2) Out-of-Court Statements Made by a Spectator-Trial Witness to Another While Observing the Incident; The trial court’s exclu | 1 | 1 |
People v. Lyonsgreen1 sentence1968It is the exclusive province of the trial judge to determine the credibility of witnesses and the truth or falsity of the facts upon which a determination depends (People v. Lyons, 47 Cal.2d 311, 321 [ 303 P.2d 29 ]); it is not for this court to determine conflicts in, or to choose between inferences which reasonably may be drawn from, the evidence. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Wash
green
2 sentences2017Defendant's incriminating statements, which came only after the detectives did not honor his invocation of his right to cut off further questioning, should not have been admitted during the prosecution's case at trial. ( People v. Wash (1993) 6 Cal.4th 215 , 238, 24 Cal.Rptr.2d 421 , 861 P.2d 1107 ) [once a request to remain silent is made, "it must be 'scrupulously honored'; the police may not attempt to circumvent the suspect's decision 'by refusing to discontinue the interrogation upon request or by persisting in repeated efforts to wear down his resistance' "]; ( People v. Sims (1993) 5 Ca 2017Defendant's incriminating statements, which came only after the detectives did not honor his invocation of his right to cut off further questioning, should not have been admitted during the prosecution's case at trial. ( People v. Wash (1993) 6 Cal.4th 215 , 238, 24 Cal.Rptr.2d 421 , 861 P.2d 1107 ) [once a request to remain silent is made, "it must be 'scrupulously honored'; the police may not attempt to circumvent the suspect's decision 'by refusing to discontinue the interrogation upon request or by persisting in repeated efforts to wear down his resistance' "]; ( People v. Sims (1993) 5 Ca | 1 | 2017–2017 |
People v. Sims
red
2 sentences2017Defendant's incriminating statements, which came only after the detectives did not honor his invocation of his right to cut off further questioning, should not have been admitted during the prosecution's case at trial. ( People v. Wash (1993) 6 Cal.4th 215 , 238, 24 Cal.Rptr.2d 421 , 861 P.2d 1107 ) [once a request to remain silent is made, "it must be 'scrupulously honored'; the police may not attempt to circumvent the suspect's decision 'by refusing to discontinue the interrogation upon request or by persisting in repeated efforts to wear down his resistance' "]; ( People v. Sims (1993) 5 Ca 2017Defendant's incriminating statements, which came only after the detectives did not honor his invocation of his right to cut off further questioning, should not have been admitted during the prosecution's case at trial. ( People v. Wash (1993) 6 Cal.4th 215 , 238, 24 Cal.Rptr.2d 421 , 861 P.2d 1107 ) [once a request to remain silent is made, "it must be 'scrupulously honored'; the police may not attempt to circumvent the suspect's decision 'by refusing to discontinue the interrogation upon request or by persisting in repeated efforts to wear down his resistance' "]; ( People v. Sims (1993) 5 Ca | 1 | 2017–2017 |
People v. Miceli
green
1 sentence2013Thus, substantial evidence supports the jury’s finding that defendant either knew or should have known that Officers Anderson and Long were police officers engaged in the performance of their duties. 4 Sufficient Knowledge of the Facts to Know Defendant’s Acts Would Probably and Directly Result in Injury Defendant’s contention the evidence was insufficient to support the finding that he intended to shoot the unidentified man also fails. “‘Any person who commits an assault upon the person of another with a semiautomatic firearm shall be punished by imprisonment in the state prison . . . .’ (§ 2 | 1 | 2013–2013 |
State v. Victor
green
2 sentences1993No. 92-9049) and Nebraska v. Victor (1993) 242 Neb. 306 [ 494 N.W.2d 565 ], certiorari granted September 28, 1993,_U.S__[ 125 L.Ed.2d 788 , 114 S.Ct. 39 ] (Dock. 1993No. 92-9049) and Nebraska v. Victor (1993) 242 Neb. 306 [ 494 N.W.2d 565 ], certiorari granted September 28, 1993,_U.S__[ 125 L.Ed.2d 788 , 114 S.Ct. 39 ] (Dock. | 1 | 1993–1993 |
People v. Sandoval
green
2 sentences1993To be convicted of being an active participant in a street gang, a defendant must have a relationship with a criminal street gang which is (1) more than nominal, passive, inactive or purely technical, and (2) the person must devote all, or a substantial part of his time and efforts to the criminal street gang.” (People v. Green, supra, 227 Cal.App.3d at p. 700 .) The officers here do not claim, nor does the prosecution assert, that they had reason to suspect more than mere membership in the South Side F-Troop gang. 3 We granted Rodriguez’s request, made after oral argument, to file a supplemen 1993To be convicted of being an active participant in a street gang, a defendant must have a relationship with a criminal street gang which is (1) more than nominal, passive, inactive or purely technical, and (2) the person must devote all, or a substantial part of his time and efforts to the criminal street gang.” (People v. Green, supra, 227 Cal.App.3d at p. 700 .) The officers here do not claim, nor does the prosecution assert, that they had reason to suspect more than mere membership in the South Side F-Troop gang. 3 We granted Rodriguez’s request, made after oral argument, to file a supplemen | 1 | 1993–1993 |
People v. Green
yellow
1 sentence1993To be convicted of being an active participant in a street gang, a defendant must have a relationship with a criminal street gang which is (1) more than nominal, passive, inactive or purely technical, and (2) the person must devote all, or a substantial part of his time and efforts to the criminal street gang.” (People v. Green, supra, 227 Cal.App.3d at p. 700 .) The officers here do not claim, nor does the prosecution assert, that they had reason to suspect more than mere membership in the South Side F-Troop gang. 3 We granted Rodriguez’s request, made after oral argument, to file a supplemen | 1 | 1993–1993 |
Boca Grande Club, Inc. v. Florida Power & Light Co.
green
1 sentence1993No. 92-9049) and Nebraska v. Victor (1993) 242 Neb. 306 [ 494 N.W.2d 565 ], certiorari granted September 28, 1993,_U.S__[ 125 L.Ed.2d 788 , 114 S.Ct. 39 ] (Dock. | 1 | 1993–1993 |
Victor v. Nebraska
neutral
1 sentence1993No. 92-9049) and Nebraska v. Victor (1993) 242 Neb. 306 [ 494 N.W.2d 565 ], certiorari granted September 28, 1993,_U.S__[ 125 L.Ed.2d 788 , 114 S.Ct. 39 ] (Dock. | 1 | 1993–1993 |
E-Z Mart Stores, Inc. v. Xerox Credit Corp.
neutral
1 sentence1993To be convicted of being an active participant in a street gang, a defendant must have a relationship with a criminal street gang which is (1) more than nominal, passive, inactive or purely technical, and (2) the person must devote all, or a substantial part of his time and efforts to the criminal street gang.” (People v. Green, supra, 227 Cal.App.3d at p. 700 .) The officers here do not claim, nor does the prosecution assert, that they had reason to suspect more than mere membership in the South Side F-Troop gang. 3 We granted Rodriguez’s request, made after oral argument, to file a supplemen | 1 | 1993–1993 |
People v. Rodriguez
green
1 sentence1990In Rodriguez, supra, 123 Cal.App.3d 269 , “the officers did not claim that their decision to force a confrontation at the subject apartment was based upon any emergency concept.” (Id. at p. 272.) | 1 | 1990–1990 |
Hartzler v. City of San Jose
green
1 sentence1982In Hartzler v. City of San Jose, supra, 46 Cal.App.3d 6 , referred to with approval in Tarasoff ( 17 Cal.3d at p. 444 ), the court rejected a claim by the administrator of the estate of a woman who was killed by her estranged husband where the police had failed to respond to a plea some 45 minutes before the homicide. | 1 | 1982–1982 |
Tarasoff v. Regents of University of California
red
1 sentence1982In Hartzler v. City of San Jose, supra, 46 Cal.App.3d 6 , referred to with approval in Tarasoff ( 17 Cal.3d at p. 444 ), the court rejected a claim by the administrator of the estate of a woman who was killed by her estranged husband where the police had failed to respond to a plea some 45 minutes before the homicide. | 1 | 1982–1982 |
People v. McShann
green
1 sentence1960The defendant was entitled to ascertain the name of the informer because he was a prospective material witness who could testify with respect to the transactions resulting in the narcotic sales charged as offenses herein (People v. McShann, supra, 50 Cal.2d 802 ), and also with respect to the information which he furnished the officers and which they claim constituted probable cause for their subsequent search and seizure without a warrant. | 1 | 1960–1960 |
Priestly v. Superior Court
green
1 sentence1960(Priestly v. Superior Court, supra, 50 Cal.2d 812 .) This information was demanded at the first preliminary hearing, and was disclosed at the second preliminary hearing. | 1 | 1960–1960 |
Adams v. Southern Pacific Co.
green
1 sentence1940Co., 4 Cal. (2d) 731 [ 53 Pac. (2d) 121 ].) In the second case it was held that the judgment in favor of the officers was not a bar to the judgment against the county. | 1 | 1940–1940 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.