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2017 Criminal Case Law Developments in California

The courts have been active thus far this year dealing with numerous issues in the area of criminal law. Some of the more newsworthy cases are:
  • Conflicting decisions on warrantless search of probationer’s cell phone. Federal Ninth Circuit Court of Appeals and California Fourth District Court of Appeal differ on constitutional interpretation. If you are on probation, take note!
  • Five-year deadline on winding up appeals of death penalty cases was ruled unconstitutional. Prop 66 sought to speed up death penalty cases, but the court said mandatory deadlines could not be imposed.
  • Secret recording of babysitter abuse ruled legal. Parent can consent on behalf of child, in cases of violent felonies.
  • Prop 47, allowing reduced sentences for certain drug and theft crimes, did not amend Three Strikes Law.
  • Federal judge blocks requirement that gun owners surrender high-capacity magazines.
  • Therapists must report patients who view child porn online.
David Shapiro
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