California Legal Brief

The Rule of People v. Konther is that a defendant has no reasonable expectation of privacy for DNA evidence abandoned at crime scenes through the commission of sexual assault, under circumstances where semen is voluntarily deposited during criminal activity and subsequently analyzed using investigative genetic genealogy.

The Rule of Tulare Medical Center Property Owners Association is that CC&Rs adopted by public entities prohibiting abortion clinics are unenforceable as violations of fundamental public policy and Civil Code section 531, under circumstances where a public entity creates land use restrictions that interfere with constitutional reproductive rights without demonstrating a compelling governmental interest.

The Rule of People v. Flores is that an electronics search condition for probation is constitutional and reasonable when the defendant used electronic devices as integral tools in the commission of the underlying offense, under circumstances where the defendant used internet-based platforms and VOIP technology to facilitate drug sales and conceal their identity.

The Rule of Askins v. CRST Expedited, Inc. is that the Fair Credit Reporting Act does not require proof of concrete injury for standing in California state courts, and a statutory violation alone is sufficient to confer standing, under circumstances where a federal statute provides statutory damages without requiring actual damages.