The California Supreme Court’s holding that Simmons did not bar using defendant’s suppression hearing testimony in the death penalty phase of his criminal trial (People v. Ochoa, 19 Cal. 4th 353, 79 Cal. Rptr. 2d 408, 966 P.2d 442, 464, 469-70 (1998)) was not an unreasonable application of Simmons. The answer isn’t by any means clear that the Fifth Amendment was violated. Ochoa v. Davis, 2021 U.S. App. LEXIS 32465 (9th Cir. Nov. 1, 2021) (applying 2254 standard).
In this federal Hobbs Act murder-robbery case, there was probable cause for defendant’s arrest. “Dickerson appears to concede that a lawful arrest would permit the seizure and search of the vehicle. … Having determined that Dickerson’s de facto arrest was supported by probable cause, we have little difficulty finding that officers’ seizure of the Equinox while they applied for a search warrant was also appropriate.” United States v. Dickerson, 2021 U.S. Dist. LEXIS 209740 (M.D.Pa. Oct. 29, 2021).*