Vol. 34 No. 31 WHEN OFFICERS HAVE REASON TO SUSPECT THAT A CRIME IS BEING PERPETRATED, OR THAT AN INDIVIDUAL HAS BEEN INJURED, A WARRANTLESS ENTRY DOES NOT VIOLATE THE FOURTH AMENDMENT
In the July 2019 case of People v. Rubio,[1] the California First District Court of Appeal held that a warrantless entry into a locked garage/apartment conversion by officers did not violate the Fourth Amendment because the officers reasonably believed that an injured person or a shooter might be inside. Background In October 2016, East Palo […]
Vol. 34 No. 30 WARRANTLESS SEIZURE OF FIREARMS DID NOT VIOLATE FOURTH AMENDMENT OR SECOND AMENDMENT
In July 2019, the Ninth Circuit Court of Appeals, in Rodriguez v. City of San Jose,[1] held that a wife’s Second Amendment claim, arising from seizure of firearms from her home, was barred by issue preclusion as the matter had already been considered and rejected by state courts. The Court also found that the wife’s […]
Vol. 34 No. 29 COUNTY’S FEE FOR COPIES OF PUBLIC RECORDS REASONABLE WHERE PLAINTIFF FAILED TO ESTABLISH THAT “INDIRECT COSTS” VIOLATED GOVERNMENT CODE SECTION 27366
In Cal. Pub. Records Research, Inc. v. Cnty. of Alameda,[1] the California First District Court of Appeal held that a county could consider a wide range of indirect costs under Government Code section 27366. In reaching its conclusion, the Court found that the County’s ordinance charging $3.50 per page for copies of official records was […]