Richard Daniel Berkon Law Blog

It might seem obvious, but to knowingly bring a controlled substance into jail as a visitor or inmate is a felony under Penal Code Section 4573.  However, this very issue was brought before the California Supreme Court in two decisions last summer.

The facts are essentially the same....each defendant was carrying a small amount of methamphetamine on their person.  Each was arrested and patted down by officers,... Read More

It is fairly well settled that character evidence to prove a defendant has a "propensity" to commit certain crimes is inadmissable.  For example, let's say I am charged with shoplifting a shirt from a department store.  Three years ago, I was convicted of shoplifting a pair of pants from a department store.  At trial for the new offense, the prosecutor cannot bring up my prior shoplift conviction to argue to the... Read More

One of the fundamentals of our Constitution is that our homes are free from government intrusion i.e. police entry and search without a warrant.  However, there are exceptions to that rule called "Exigent Circumstances".  That means an officer can enter a home without a warrant if one of the exigent circumstances exist.  For example, if a police officer comes upon a home and hears screaming as though someone is being hurt or killed, the officer can enter the... Read More