Constitutional Law

California Supreme Court, Constitutional Law, Criminal Law

Sellers v. Superior Court — Loose Marijuana Crumbs on a Car Floor Are Not an Open Container and Cannot Justify a Vehicle Search

automatic / January 29, 2026

The California Supreme Court holds that a small amount of loose marijuana scattered on a car floor is not an open container under state law and does not give police probable cause to search the vehicle.

California Supreme Court, Administrative Law, Constitutional Law

City of Gilroy v. Superior Court — Public Records Act Allows Declaratory Relief Even After Records Are Disclosed, but Imposes No Three-Year Retention Duty

automatic / January 15, 2026

The California Supreme Court holds that requesters under the California Public Records Act can sometimes obtain declaratory relief even after the agency has produced everything responsive, but the statute does not impose a three-year duty to preserve records the agency has withheld as exempt.

2nd District Court of Appeal, Constitutional Law, Criminal Law, Litigation

Microsoft Corp. v. Superior Court — Nondisclosure Order Barring Notice to USC Survives CalECPA and First Amendment Challenge

automatic / January 14, 2026

Second District denies Microsoft's writ petition challenging a court-issued nondisclosure order that barred Microsoft from notifying its enterprise customer, USC, that the LAPD had served a search warrant on a USC graduate student's email account.

1st District Court of Appeal, Constitutional Law, Criminal Law

People v. McCowan — Inventory Search of Towed Vehicle Upheld; Bruen Does Not Invalidate California’s Assault-Weapon and Magazine Bans

automatic / January 13, 2026

First District affirms convictions for possessing an assault weapon and a large-capacity magazine, holding the inventory search of the defendant's vehicle was lawful and that California's assault-weapon and magazine bans survive Bruen.

1st District Court of Appeal, Constitutional Law, Criminal Law

In re Thai — Indeterminate-Life Inmates Not Constitutionally Entitled to Same Conduct Credits Toward Youth-Parole Eligibility as Toward Standard Parole

automatic / January 13, 2026

First District denies habeas relief, holding that CDCR may constitutionally permit only educational merit credits — and not other prison conduct credits — to advance an inmate's youth-parole eligibility date under Penal Code section 3051.