The Inquisitive Prosecutors’ Guide
Government
2018-IPG-37 (LIMITS ON PROSECUTORIAL CONTACTS WITH REPRESENTED & UNREPRESENTED PERSONS)
In this edition of the Inquisitive Prosecutors Guide, we discuss the barriers the Sixth and Fifth Amendment impose on prosecutorial contact with represented persons as well as the new rules of professional conduct governing contact by attorneys with represented and unrepresented persons (California Rules of Professional Conduct [“CRPC”] Rules 4.2, 4.3, and subdivisions (b) and (c) of Rule 3.8) going into effect in November of this year. Among the questions discussed: When can prosecutors or law enforcement contact persons whose Sixth Amendment right to counsel has attached? When can prosecutors or law enforcement re-contact persons whose Fifth Amendment right to counsel has been invoked during custodial interrogation? Does new CPRC rule 4.2 change the currently existing rule (CPRC 2-100) governing contact with represented persons in any significant way? And when can prosecutors communicate with charged but unrepresented persons and/or negotiate plea bargains with such persons?
2023-IPG-58 (DISCLOSURE OF RAP SHEETS EXCULPATORY INFO IN GRAND JURY RECORDS)
2023-IPG-57 (RECENT CSC OPINIONS: LEWIS AND PRUDHOLME)
2023-IPG-55 (IMMUNITY ISSUES)
2021-IPG-51 (MJ CAR SEARCHES & NONCUSTODIAL SEARCHES OF PERSONS CITED FOR H&S 11550 VIOLATIONS)
2021-IPG-50 (LANGE V. CALIFORNIA – SCOTUS ON HOT PURSUIT)
2021-IPG-49 (COMMUNITY CARETAKING EXCEPTION-CANIGLIA AND MORE)
2020-IPG-46 (SUBPOENAS FOR THIRD-PARTY RECORDS - FACEBOOK V. SUPERIOR COURT)
2020-IPG-45 (FORFEITURE BY WRONGDOING -RENEAUX)
2020-IPG-44 (NEW BAIL CASES: WHITE, AYALA & ER4)
2020-IPG-43 (LOPEZ TERMINATES ARTURO D. VEHICLES SEARCHS FOR PERSONAL ID)
2019-IPG-42 (ALADS, SB 1421, & “BRADY LISTS”)
2019-IPG-41 (IMPEACHMENT WITH CONVICTIONS & MISCONDUCT OF MORAL TURPITUDE)
2018-IPG-39 (NEW RESENTENCING PROVISIONS OF PC § 1170(d)(1))
2018-IPG-38 (OBTAINING CELL SITE INFO: CARPENTER)
2018-IPG-36 (PRIVACY INTERESTS IN RENTAL CARS (BYRD) & THE CURTILAGE (COLLINS))
2017-IPG-34 (HOPSON AND WASHINGTON)
2017-IPG-33 (PROPOSITION 64 - LEGALIZING MJ)
2017-IPG-32(THE RULING AGAINST DISCLOSURE OF BRADY LISTS IN ASSOCIATION FOR LOS ANGELES DEPUTY SHERIFFS)
2017 IPG#30 (TROMBETTA-YOUNGBLOOD MOTIONS)
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