Vol. 34 No. 27 WHEN A DRIVER IS UNCONSCIOUS, AND THEREFORE CANNOT BE GIVEN A BREATH TEST, THE EXIGENT-CIRCUMSTANCES EXCEPTION WILL USUALLY PERMIT A BLOOD TEST WITHOUT A WARRANT

In a plurality opinion, the United States Supreme Court recently held, in the opinion entitled Mitchell v. Wisconsin[1], that the exigent circumstances exception to the warrant requirement of the Fourth Amendment will usually permit a blood draw from an unconscious drunk-driver suspect to secure blood alcohol content evidence. Background In May 2013, Sheboygan Police Department […]

Vol. 34 No. 14 DISTRICT COURT DECLARES CALIFORNIA LAW PROHIBITING THE POSSESSION AND USE OF GUN MAGAZINES WITH MORE THAN TEN ROUNDS UNCONSTITUTIONAL

The United States District Court for the Southern District of California recently held, in the case entitled Duncan v. Becerra[1], that California Penal Code section 32310 is unconstitutional. The statute prohibits possession of large-capacity magazines (“LCMs”), defined as those capable of holding more than ten rounds. Background In November 2016, California citizens approved Proposition 63. […]

Vol. 34 No. 12 SHERIFF’S ISSUANCE OF MEMORANDUM RESTRICTING DEPARTMENT COMMUNICATIONS WITH ICE WAS A PROTECTED DISCRETIONARY ACT UNDER CALIFORNIA GOVERNMENT CODE SECTION 820.2

In an opinion issued on March 25, 2019, in the case entitled Steinle v. City & Cnty. of S.F.[1], the Ninth Circuit determined that the question of discretionary immunity raised was controlled by California law, and concluded that Government Code section 820.2 barred plaintiffs’ negligence claim. The Sheriff’s issuance of the memorandum at issue, the […]

Vol. 34 No. 9 DISTRICT COURT ORDERS INJUNCTION ENJOINING SHERIFF FROM USING BAIL SCHEDULE TO DETERMINE RELEASE OF DETAINEES WHO CANNOT AFFORD BAIL

In the March 4, 2019 case of Buffin v. City & Cnty. of S.F.,[1] the California Northern District Court granted the plaintiffs’ motion for summary judgment challenging the use of San Francisco’s Felony and Misdemeanor Bail Schedule (the “schedule” or “Bail Schedule”) as a basis to release pre-arraignment detainees where the detainees could not afford […]