Vol. 31 No. 3- PERF PUBLISHES TROUBLING “PRINCIPLES” CONCERNING USE OF FORCE
PERF PUBLISHES TROUBLING “PRINCIPLES” CONCERNING USE OF FORCE On January 29, 2016, the Police Executive Research Forum (“PERF”) issued a 12-page policy statement entitled “Use of Force: Taking Policing to a Higher Standard; 30 Guiding Principles.” In it, PERF basically advocates 13 separate policy recommendations, concerning tactics, training and equipment. Several of the policy recommendations […]
FEDERAL APPELLATE COURT UPHOLDS FEDERAL COMMUNICATION COMMISSION REGULATIONS IMPLEMENTING SECTION 6409 REGARDING COLLOCATION AND MODIFICATION OF EXISTING WIRELESS FACILITIES
On December 18, 2015, the United States Court of Appeals for the Fourth Circuit issued an important ruling upholding the Federal Communication Commission’s (“FCC”) regulations governing eligible collocation and modification requests of existing wireless facilities pursuant to Section 6409 of the Spectrum Act. In 2012, the Spectrum Act was enacted by Congress as part of […]
Vol. 31 No. 2- NEW “GUN VIOLENCE RESTRAINING ORDER” IN EFFECT AS OF 1/1/16
NEW “GUN VIOLENCE RESTRAINING ORDER” IN EFFECT AS OF 1/1/16 As of January 1, 2016, AB 1014, the “Gun Violence Restraining Order” (“GVRO”) went into effect. This new law pertains to individuals who own/possess/have access to any firearm or any ammunition and, by a finding of a court, who pose an immediate threat to themselves […]
Nonsuit Obtained by Senior Litigator, Harold W. Potter, on behalf of the City of Fullerton
Senior Litigator Harold W. Potter obtained a nonsuit on January 14, 2016, after the close ofplaintiff’s evidence, in a case entitled Teresa Silva v. City of Fullerton. Silva sued Fullerton alleging a violation of her civil rights pursuant to 42 U.S.C. §1983, along withvarious pendent state law claims,stemming from code enforcement activities on her rental property in […]
Vol. 31 No 1. TASER USE RESTRICTED BY 4th CIRCUIT U.S. COURT OF APPEALS
TASER USE RESTRICTED BY 4th CIRCUIT U.S. COURT OF APPEALS On January 11, 2016, the 4th Circuit U.S. Court of Appeals held, in the case of Armstrong v. Village of Pinehurst et al, that the Fourth Amendment prohibits the use of a taser [an electronic control device (ECD)], unless the police can articulate an “immediate […]
Cities are prohibited from using sale tax revenue to provide financial assistance to a business if doing so reduces the amount of sales tax revenue another city receives.
I. Summary Starting January 1, 2016, Senate Bill 533 (“SB 533”) prohibits cities from entering into agreements with businesses that involve the city making payments or rebates of Bradly-Burns Uniform Local Sales and Use Tax (“sales tax”) revenues to the business when doing so would result in the reduction of sales tax revenue received by […]
Vol. 30 No. 27 CAN SPEECH ALONE BE A PENAL CODE 148 VIOLATION?
CAN SPEECH ALONE BE A PENAL CODE 148 VIOLATION? On December 18, 2015, the California Court of Appeal held, in the case of In re Chase C.,that a minor did not violate PC 148 when he encouraged others to not cooperate with a sheriff’s deputy. The court stated that “we are asked to decide a […]
California Peace Officers’ Association, “Current Legal Issues for Law Enforcement,” Covina, CA.
Humboldt County Chief Executives, “Current Legal Issues for Law Enforcement,” Eureka, CA.
Vol. 31 No. 4- NEGLIGENT SUPERVISION AND EXECUTIVE LIABILITY
NEGLIGENT SUPERVISION AND EXECUTIVE LIABILITY Following is an article I wrote for the current issue of “The Police Chief” magazine, which is published by the International Association of Chiefs’ of Police (IACP) and distributed nationally and internationally to all members of IACP. As we all know, the current environment reflects open hostility by certain members […]