May 12, 2008

Baggy Pants--a Fashion Statement not Probable Cause

In In re Enrique S., California's Fifth District Court of appeal found an insufficient basis to conduct a patdown for weapons. A .pdf copy of the Court of Appeal's opinion can be downloaded by clicking here. The arresting officer asserted that the juvenile subject's baggy clothing made it possible for him to hide a weapon, but could not articulate any reason why they believed the minor actually possessed a weapon. A search of the minor yielded an illegal knife. While the juvenile court correctly noted that "90 percent of teenagers wear baggy clothing," the denial of the suppression motion was found to be error by the Court of Appeal. I was pleased that the Court of Appeal agreed with my reasoning. This is another example of why suppression motions should be brought at the trial level.

Posted by Tim Warriner at 07:27 AM

January 31, 2008

My Office Has Moved

My office will now be located at 813 6th Street, Suite 450, Sacramento, California, 95814. The telephone number is the same. The fax number is (916) 441-0970. The office is in the same suite as Clyde Blackmon's firm, Blackon & Associates. It is located in the Hall of Justice Building, which is across the street from the Federal Courthouse, and adjacent to the Superior Court and jail. This is a convenient location for my clients, and I look forward to working alongside my colleagues in the defense field.

Posted by Tim Warriner at 06:28 AM

Book Review: The Innocent Man

John Grisham's The Innocent Man is not only a great read but will help educate the public about the death penalty and the causes of wrongful convictions. This is Grisham's first non-fiction book. It is an engaging account of the wrongful conviction and death sentence of Ron Williamson--the innocent man. Grisham forces you to confront the suffering and injustice experienced by Mr. Williamson. His account of the terrible conditions on Oklahoma's death row is remarkable. The story is told through the point of view of Ron Williamson, which forces the reader to live through the awful experience. Grisham's books are, of course, widely read. I'm sure many of who will have read the book will become jurors, or at least informed citizens who will demand safeguards for the accused, and who will question the propriety of capital punishment.

Posted by Tim Warriner at 06:03 AM

June 18, 2007

Victory in Brendlin

In a 9-0 decision, the Supreme Court in Brendlin v. California upheld the right of an automobile passenger to assert the violation of his/her fourth amendment rights. I represented Mr. Brendlin at the trial level where I litigated the search and seizure motion. Attorney Beth Campbell represented Mr. Brendlin before the Supreme Court. She did an excellent job fielding the mind bending questions of the justices at oral argument.

Posted by Tim Warriner at 12:21 PM