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Appearance without client’s presence – Felony v. Misdemeanors

Generally, a criminal defendant must be personally present in felony cases. Cal. Penal Code § 977(b). However, this general rule does not apply in most misdemeanor cases, and the defense attorney may appear on their client’s behalf. See Cal. Penal Code § 977(a) . A defendant who chooses not to personally appear pursuant to Section…

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Fourth Amendment Rights, the “Emergency Aid” Doctrine, and Violations of Privacy by Police

The Fourth Amendment: Warrant Required Unless Lawfully Recognized Exception The Fourth Amendment dictates that warrantless searches inside a home without warrant “are presumptively unreasonable.” Payton v. New York (1980) 445 U.S. 573, 586. In order to justify a warrantless search, the government’s interest in conducting the search must be rise to a level greater than…

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