Vol. 33 No. 19 NINTH CIRCUIT GRANTS QUALIFIED IMMUNITY FOR USE OF FORCE, BUT PERMITS ADA AND REHABILITATION ACT CLAIMS TO PROCEED
On June 11, 2018, in the case of Vos v. City of Newport Beach, 2018 U.S. App. LEXIS 15633 (U.S. June 11, 2018), the Ninth Circuit Court of Appeals decided that a reasonable jury could conclude the officers’ deadly use of force constituted excessive force thereby violating the individual’s Fourth Amendment rights. However, the Court […]
Vol. 33 No. 7 CONSENT EXCEPTION TO WARRANTLESS ENTRY INTO OCCUPANTS HOME UNREASONABLE AS TO AN OCCUPANT WHO IS PHYSICALLY PRESENT AND EXPRESSLY REFUSES CONSENT TO ENTRY
Bonivert v. City of Clarkston, 2018 U.S. App. LEXIS 4625 (9th Cir. Feb. 26, 2018) Facts In January 2012, City of Clarkston, Washington (the “City”) police officers, Sergeant Danny Combs and Officer Paul Purcell, received a “physical domestic” dispatch to the home of Ryan Bonivert. The dispatcher relayed to the officers that an argument between […]
Vol. 34 No. 7 EIGHTH AMENDMENT’S PROHIBITION ON EXCESSIVE FINES APPLIES TO THE STATES
On February 20, 2019 in the case of Timbs v. Indiana, 2019 U.S. LEXIS 1350 (Feb. 20, 2019), the United States Supreme Court held that the Eighth Amendment’s Excessive Fines Clause was “fundamental to our scheme of ordered liberty,” with “dee[p] root[s] in [our] history and tradition.” The Court concluded that the Excessive Fines Clause […]
Vol. 34 No. 34 THE CALIFORNIA SUPREME COURT UNANIMOUSLY UPHELD THE DISCLOSURE OF “BRADY TIP LISTS” TO THE PROSECUTION
On August 26, 2019 the California Supreme Court, unanimously, overturned the Second District Court of Appeal in the case of Association for Los Angeles Deputy Sheriffs (ALADS) v. Superior Court (2017) 13 Cal.App.5th 413. The Court of Appeal had held that the mere disclosure of a list of deputies’ names who had been identified by […]
Vol. 34 No. 33 CALIFORNIA GOVERNOR SIGNS ASSEMBLY BILL 392 INTO LAW, MANDATING STANDARD FOR USE OF DEADLY FORCE
On August 19, 2019, Governor Gavin Newsom signed AB 392 into law. Of note, Governor Newsom’s office and members of the legislature took significant input from a variety of law enforcement associations and their legal counsel in amending AB 392’s original language. AB 392 effectively updates California’s legal standard governing when force can be used, […]
Vol. 34 No. 32 PEOPLE V. RAY’S FINDING OF COMMUNITY CARETAKING EXCEPTION IN ABSENCE OF EXIGENCY IS DISAPPROVED
In People v. Ovieda,[1] the California Supreme Court held that the community caretaking exception does not apply in the absence of exigency. In reaching its conclusion, the Court disapproved of its previous decision in People v. Ray.[2] Background In June 2015, five Santa Barbara police officers, responding to a report by family members of Willie […]
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 […]
Vol. 34 No. 28 THE DOJ’S INCLUSION OF IMMIGRATION-RELATED SCORING FACTORS IN IMPLEMENTING THE COPS GRANT WAS CONSTITUTIONAL AND WITHIN ITS STATUTORY AUTHORITY
In July 2019, the Ninth Circuit Court of Appeals, in City of L.A. v. Barr,[1] reversed a District Court’s summary judgment in favor of the City of Los Angeles in an action challenging the U.S. Department of Justice’s (“DOJ”) use of illegal-immigration-related factors in determining scores for applicants to a competitive grant program. In reaching […]