Vol. 33 No. 35 DUE TO THE PASSAGE OF PROPOSITION 57, ALL NONVIOLENT STATE PRISONERS, INCLUDING “THIRD STRIKE” OFFENDERS, ARE ELIGIBLE FOR PAROLE CONSIDERATION
On September 7, 2018 in In re Edwards, 26 Cal. App. 5th 1181 (2018), the California Second District Court of Appeal granted the petition for writ of habeas corpus filed by a state prison inmate serving an indeterminate life sentence pursuant to the “Three Strikes” law. In so doing, the Court held that the passage […]
Vol. 33 No. 36 PETITIONER ENTITLED TO RETURN OF SEIZED MARIJUANA PROPERTY UNDER CALIFORNIA LAW
On August 16, 2018 in the case of Smith v. Superior Court of San Francisco, 2018 Cal. App. LEXIS 931 (San Francisco County Superior Court – Appellate Division, Aug. 16, 2018), the Appellate Division of the San Francisco County Superior Court granted the petition for writ of mandate seeking return of a lawful amount of […]
Vol. 34 No. 5 EXIGENT CIRCUMSTANCE OF INMATE DISTURBANCES AND LOCKDOWNS JUSTIFIED JAIL OFFICIALS’ DENYING PRETRIAL DETAINEE PLAINTIFF A BED AS OFFICIALS WERE PRIORITIZING SECURITY NEEDS
On January 11, 2019 in the case of Olivier v. Baca, 2019 U.S. App. LEXIS 1019 (9th Cir. Jan. 11, 2019), the Ninth Circuit Court of Appeals held that the exigent circumstance of inmate disturbances and lockdowns justified denying a plaintiff a bed for his three-and-a-half day stay at the inmate processing center. Background In […]
Vol. 34 No. 4 SEARCH INCIDENT TO ARREST MAY OCCUR PRIOR TO ARREST IF PROBABLE CAUSE EXISTS, EVEN WHERE THE CRIME FOR WHICH PROBABLE CAUSE EXISTED IS DIFFERENT FROM CRIME OF SUBSEQUENT ARREST
On January 9, 2019, in the case of United States v. Johnson, 2019 U.S. App. LEXIS 640 (9th Cir. Jan. 9, 2019), the Ninth Circuit Court of Appeals held that a search incident to a lawful arrest, that occurred before the arrest itself, was permissible if probable cause existed. The Court further noted that the […]
Vol. 34 No. 3 BUREAU OF PRISONS STATUTE PROHIBITING THE MAILING OF THREATENING LETTERS WHILE IMPRISONED IS NOT UNCONSTITUTIONALLY VAGUE AND IS SUFFICIENTLY NARROW TO ENCOMPASS UNTRUTHFUL THREATS
On December 20, 2018, the Ninth Circuit Court of Appeals decided two related cases involving a Bureau of Prisons (“BOP”) regulation governing threats made by prison inmates. BOP Prohibited Acts Code 203 (“Code 203”) prohibits prisoners from “[t]hreatening another with bodily harm or any other offense.” (28 C.F.R. section 541.3.) The BOP accused Mark Alan […]
Vol. 34 No. 2 SUPREME COURT REVERSES THE NINTH CIRCUIT, AGAIN, ON THE ISSUE OF QUALIFIED IMMUNITY
In a stunning, yet not surprising decision, the U.S. Supreme Court reversed the Court of Appeals for the Ninth Circuit on January 7, 2019 on the issue of qualified immunity involving a use of force encounter in the case entitled City of Escondido, et al. v. Marty Emmons. The Emmons case involved an incident that […]
Vol. 34 No. 1 CALIFORNIA DOJ PROMULGATES GUIDELINES REGARDING RETENTION REQUIREMENTS FOR RECORDS PURSUANT TO SENATE BILL 1421
On January 3, 2019, the Division of Law Enforcement of the California Department of Justice released an information bulletin pertaining to the preservation of peace officer and custodial officer records. The bulletin notified all state law enforcement agencies of guidelines regarding retention requirements pursuant to changes due to Senate Bill 1421 (“SB 1421”). The California […]
Vol. 33 No. 38 WITHOUT SUBSTANTIVE CHANGES, MERE RESTATEMENT OF STATE PROVISION IN SUBSEQUENT BALLOT MEASURE DOES NOT TERMINATE STATE OBLIGATION TO REIMBURSE COUNTIES FOR COSTS INCURRED IN COMPLIANCE WITH PROVISION
On August 16, 2018 in the case of County of San Diego v. Commn on State Mandates, 2018 Cal. LEXIS 8819 (Cal., Nov. 19, 2018), the California Supreme Court held that the restatement of statutory provisions in a ballot measure did not in itself allow the state to shift its related financial obligations to county […]
Vol. 33 No. 37 A CRIMINAL INVESTIGATION IS NO LONGER PENDING — AND THE TOLLING PERIOD IN POBRA’S SECTION 3304(D)(2)(A) ENDS — WHEN A FINAL DETERMINATION IS MADE NOT TO PROSECUTE ALL OF THE PUBLIC SAFETY OFFICERS IMPLICATED IN THE MISCONDUCT AT ISSUE
In the case of Bacilio v. City of L.A., 2018 Cal. App. LEXIS 968 (2nd Dist. Oct. 25, 2018), the California Second District Court of Appeal affirmed a trial court’s judgment denying a Los Angeles Police Department officer’s petition for a writ seeking to vacate disciplinary findings against the officer. The officer argued that he […]
Vol. 33 No. 29 THE EIGHTH AMENDMENT’S PROHIBITION ON CRUEL AND UNUSUAL PUNISHMENT BARS CITY FROM PROSECUTING INDIVIDUALS CRIMINALLY FOR SLEEPING OUTSIDE ON PUBLIC PROPERTY WHEN NO SHELTER AVAILABLE
In Martin v. City of Boise, 2018 U.S. App. LEXIS 25032 (9th Cir. Sept. 4, 2018), the Ninth Circuit Court of Appeals held that a local ordinance violated the Eighth Amendment to the extent that it imposed criminal sanctions against homeless persons for sleeping outdoors, on public property, when they had no alternative shelter access […]