In this Season 1 finale the question of "Can a search be allowed without consent?" is answered, while also keeping the 4th amendment in mind.
Ladies and Gentlemen, this week our favorite lawyer returns to discuss the Exclusionary Rule and Truth in Evidence. These upcoming series of episodes were inspired by a question sent in to yourlawpod@gmail.com pertaining to evidence found in a warrantless search. Cases mentioned on this weeks episode listed below.
Weeks v. United States, 232 U.S. 383
Wolf v. Colorado, 338 U.S. 25 (1949)
Mapp v. Ohio, 367 U.S. 643 (1961)
Ladies and Gentlemen, this week we discuss the California Consumers Legal Remedies Act and and how YOU can be protected! Andre also discusses his experience in cases where provisions in this Act were violated.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CIV&division=3.&title=1.5.&part=4.&chapter=3.&article=
Ladies and Gentlemen, this week's episode was inspired from a question sent in to yourlawpod@gmail.com. The question is in regards to providing a bilingual lease agreement, but we discuss more than just that this week. Listed below were sections discussed on this week's show.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1941.&lawCode=CIV
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1942.&lawCode=CIV
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1953
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1954
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1717
The most anticipated topic requested so far, Online Defamation. The previous three episodes (Defamation, Sec. 230, Anti-SLAPP) have led up this edition and provide some helpful information. Of course you can enjoy without listening to those episodes, but you wouldn't watch Back to the Future Part 3 without watching the first two, so, proceed as you wish.
https://casetext.com/case/vogel-v-felice
Ladies and Gentlemen this week we return to discuss the Anti-SLAPP statute in California. Necessary information in this statute will key into understanding our next episode featuring Online Defamation. Included are links to articles and cases referenced on this episode. And you can still send your questions into yourlawpod@gmail.com
https://medialaw.org/component/k2/item/4916-rachel-maddow-wins-dismissal-of-oan-defamation-suit-under-anti-slapp-statute
https://news.bloomberglaw.com/us-law-week/oan-to-pay-msnbc-250-000-in-fees-after-losing-maddow-libel-suit
https://law.justia.com/cases/california/supreme-court/3d/23/899.html (Robins v. Pruneyard Shopping Ctr.)
https://www.casemine.com/judgement/us/5914b439add7b0493476b135 (Kronemyer v. Internet Movie Database (2007) 150 Cal.App.4th 941.)
https://caselaw.findlaw.com/ca-court-of-appeal/1544271.html (Wong v. Jing, 189 Cal. App. 4th 1354)
https://caselaw.findlaw.com/ca-court-of-appeal/1857269.html (Shantel Jackson v. Floyd Mayweather Jr.)
https://www.law.cornell.edu/supremecourt/text/418/323 (Gertz v. Robert Welch, Inc.)
https://caselaw.findlaw.com/ca-court-of-appeal/1053102.html (AMPEX CORPORATION v. CARGLE)
Ladies and Gentlemen we return and prep for our discussion regarding Online Defamation, we do so by discussing Section 230 of the Communications Decency act. This is definitely useful information to have before we tackle the topic of Online Defamation happening next week. And don't forget to send your questions to yourlawpod@gmail.com
Cubby v. Compuserve (https://law.justia.com/cases/federal/district-courts/FSupp/776/135/2340509/)
Stratton Oakmont v. Prodigy Services (https://h2o.law.harvard.edu/cases/4540)
Sec. 230 of Communications Decency Act (https://codes.findlaw.com/us/title-47-telecommunications/47-usc-sect-230.html)
Ladies and Gentlemen we return this week with Defamation. This has been a hot topic among requesters, and we dive head first by discussions CACI 1704 and CACI 1720, plus we touch on SLAPP Lawsuits and Anti SLAPP motions. And don't forget you can send in YOUR questions to YourLawPod@gmail.com.
This week we answer a listener question who was cited for Exhibition of Speed when screeching their tires after a red light. Our favorite Lawyer goes over a very similar case where an appeal gave him and his client the victory. And don't forget to send in YOUR questions to yourlawpod@gmail.com!
This week we kick off the New Year by discussing new California Laws to go into effect in 2021. Below are links containing all the info covered on this week's episode. Don't forget to send in your questions to yourlawpod@gmail.com!
Law Enforcement Uniforms Senate Bill No. 480 (https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB480)
Driver Record, Points Assembly Bill No. 47 (https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB47)
Executive Board Diversity Assembly Bill No. 979 (https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB979)
Unattended children, liability Assembly Bill No. 2717 (https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB2717)
COVID-19 Exposure, Notification Assembly Bill No. 685 (https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB685)
Reparation Task Force Assembly Bill No. 3121 (https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB3121)
Conviction Expungements Assembly Bill No. 2147 (https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB2147)
Youth Criminal Justice Reform Assembly Bill No. 901 (https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB901)
Family Leave for More Workers Senate Bill No. 1383 (https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB1383)
Student Loan Protections Assembly Bill No. 376 (https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB376)
Flavored Tobacco Ban Senate Bill No. 793 (https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB793)
CA Proposition 17 (https://ballotpedia.org/California_Proposition_17,_Voting_Rights_Restoration_for_Persons_on_Parole_Amendment_(2020)
CA Proposition 19 (https://ballotpedia.org/California_Proposition_19,_Property_Tax_Transfers,_Exemptions,_and_Revenue_for_Wildfire_Agencies_and_Counties_Amendment_(2020)
On this week's episode we discuss another question sent in to YourLawPod@gmail.com that simply asked "What is a Citizen's Arrest?". We also briefly discuss Shopkeeper Privilege. And don't forget YOU can send in YOUR questions to YourLawPod@gmail.com and they can be discussed on the show!
Items discussed:
-CA Penal Codes 837, 839, 841
-People v. Campbell (1972), 27 Cal. App. 3d 849
-Hill v. Levy (1953), 117 Cal. App. 2d 667
-CACI 1400, 1409
What can an employer legally ask you during a job interview? What can you do if your landlord throws away your stuff without your knowledge and consent while breaking an agreement? Both questions answered in deep detail on this week's episode!
This week, Lawyer Andre Verdun and Host Ozzy Vee discuss portions of the Federal Fair Debt Collections Practices Act that specifically speak to regulations regarding repossessing property.
Codes Cited:
15 U.S. Code 1692e
15 U.S. Code 1692f
CA Bus & Prof Code 9609
CA Bus & Prof Code 7508.2d
CA Civil Code Section 2983.3b
CA Civil Code Section 2983.3c
This week, Lawyer Andre Verdun and Host Ozzy Vee discuss Andre's belief that Miranda Rights should be applied to traffic stops. Listen for some very useful information that every motorist should have.
Cases and Codes Cited:
Miranda v. Arizona, 384 U.S. 436 (1966)
Berkemer v. McCarty, 468 U.S. 420 (1984)
CA Penal Code Section 632(a)
CA Penal Code Section 632(d)
CA Penal Code Section 633(a)
42 USC 1983
CA Penal Code Section 1054
This week, Lawyer Andre Verdun and Host Ozzy Vee discuss an ongoing case where some circuits have ruled that Chalk on your Tires (to verify how long you've been parked in one spot) is a violation of the 4th Amendment. Also, it wasn't the sniffles, it was the COVID.
Article regarding Lawsuit: https://www.lajollalight.com/news/story/2020-11-20/san-diego-police-using-new-system-for-detecting-parking-violations-after-city-is-sued-over-chalking-tires?fbclid=IwAR2ulOazKFUWgenY46gyWKL7RAZ0LrexAJcjInIfbUhUNDIcQrBJzYgEdSo
Cases Cited:
Olmstead v. United States, 277 U.S. 438 (1928)
Katz v. United States, 389 U.S. 347 (1967)
Jones v. United States, 565 U.S. 400 (2012)
Lawyer Andre Verdun and Host Ozzy Vee discuss California Civil Code Section 1950.5 pertaining to Security Deposits. As always feel free to send in questions to YourLawPod@gmail.com
Lawyer Andre Verdun and Host Ozzy Vee discuss Late Fees as it pertains to Renters Rights in California. Most Late Fees as we know them, are actually illegal.
Statute cited: CA Civil Code Section 1671(d).
Cases cited: Orozco v. Casimiro, (2004) 121 Cal.App.4th Supp. 7, Knight v. Marks, 183 Cal. 354, 357 (1920)
Lawyer Andre Verdun and Host Ozzy Vee go over election results with 55% - 60% of precincts reporting, finishing up discussing CA Propositions 14 - 25 and their impact on the State moving forward.
Lawyer Andre Verdun and Host Ozzy Vee go over the recent Berkeley IGS Poll conducted for California Propositions 15, 16, 21, and 22. Poll results are from October 16-23 compared to results from September 9-15.
Lawyer Andre Verdun and Host Ozzy Vee wrap up The 2020 California Proposition Series with discussions on CA Propositions 14 through 25, with time stamps provided! Send any questions to YourLawPod@gmail.com
-Prop 14 (14:45)
-Prop 15 (22:03)
-Prop 16 (28:04)
-Prop 17 (32:09)
-Prop 18 (34:56)
-Prop 19 (37:49)
-Prop 20 (44:21)
-Prop 21 (54:38)
-Prop 22 (01:01:39)
-Prop 23 (01:13:48)
-Prop 24 (01:23:40)
-Prop 25 (01:31:27)