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SANGER, HANLEY, SANGER & AVILA
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Santa Barbara, CA
Santa Maria, CA
Sanger, Hanley, Sanger & Avila LLP's Law for People
Criminal Defense & Civil Rights Blog
This blog is not intended as legal advice.
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“COMMUNITY CARETAKER” EXCEPTION TO THE FOURTH AMENDMENT
The United States Supreme Court this morning in the case of Case v. Montana (No. 24-624) reaffirmed the “community caretaker” exception to the requirement of a warrant under the Fourth Amendment for entry into a home. Justice Jackson wrote for the majority.
Robert Sanger
Jan 142 min read


WHY DON’T I FEEL SAFER?
The Ninth Circuit just issued an Opinion in Baird v. Bonta , No. 24-565 (January 2, 2026) (“ Baird ”) which took an expansive view of the United States Supreme Court decision in New York State Rifle & Pistol Ass’n v. Bruen , 597 U.S. 1 (2022) (“ Bruen ”). Basically, Baird found California’s Open Carry law unconstitutional on its face as it related to counties with populations of 200,000 or more. (It denied an “as applied” challenge to the application of the law to count
Robert Sanger
Jan 42 min read


Budget Cuts Threaten Mental Health Services for Jail Inmates and Broader Community
At September’s Stepping Up meeting, the Santa Barbara Sheriff’s Office, Behavioral Wellness, and other community stakeholders gathered to discuss ongoing challenges in addressing the mental health needs of jail inmates and the community at large.
Michael Hanley
Sep 19, 20252 min read


Arkansas Death Row Inmates Challenge State’s New Death Penalty Statute
A state’s method of execution is typically challenged under the Eighth Amendment prohibition against cruel and unusual punishment. These...
Sarah Sanger
Sep 8, 20252 min read


The Illusion of Consent in Criminal Law
An excellent law review article was just published on “consent” in criminal law: Kate Weisburd, “Criminal Procedure Without Consent,” 113 Cal.L.Rev. 697 (2025). The author would severely limit (if not eliminate) consent in criminal investigations, law and procedure. Her thesis is based on the disparity in bargaining positions (between the individual – particularly those of color – and the police, prosecutors and courts) and the lack of real benefit to the person giving co
Robert Sanger
Aug 1, 20251 min read


DOJ Tries to Resurrect the Unconstitutional Executive Orders that Attacked the Independence of the Practice of Law
On April 4, 2025, Munger Tolles & Olsen filed an amicus brief in support of the lawsuit brought on behalf of the law firm Perkins Coie...
Robert Sanger
Jul 3, 20252 min read


The Shadow Docket Strike Again
With all of the publicity regarding the U.S. Supreme Court decisions coming out at the end of the Term, Goldey v. Fields (No. 24–809, decided June 30, 2025) decided this morning (Monday) may have been missed. That is because it was decided on the Shadow Docket. It was resolve in an unsigned per curiam decision without a written dissent.
Robert Sanger
Jul 1, 20251 min read


Recent Supreme Court Opinions: A Closer Look
The United States Supreme Court continues to offload its more “routine” cases with new opinions. In NRC v. Texas , two days ago, the...
Robert Sanger
Jun 20, 20252 min read


The Supreme Court Decided Six Cases Today, Four Upholding Individual Claims against Government Agencies
The United States Supreme Court delivered six opinions this morning which are remarkable as a group. Four of the six were unanimous;...
Robert Sanger
Jun 13, 20252 min read
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