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 […]
Senate Bill 876- Homelessness
I. SUMMARY Senate Bill- 876 entitled “Homelessness” was introduced by Senator Liu on January 14, 2016. If passed, this bill will amend the Government Code to allow homeless individuals to dwell or sleep in public spaces without risk of criminal or civil sanction. The long term implications of this bill do not seem favorable to […]
Impressive Settlement Agreement Obtained on behalf of the City of Placentia
PLACENTIA, CA – On February 25, 2016, MALDEF and the City of Placentia reached an agreement on how to proceed with providing Latinos equal voting power, without going to court. The agreement calls for a host of actions to be taken by the Placentia City Council, including placing a Charter Amendment Measure on a statewide […]
Vol. 31 No. 12- U.S. SUPREME COURT OVERRULES UTAH STATE COURT SUPPRESSION OF EVIDENCE FOUND IN SEARCH FOLLOWING WARRANT ARREST AFTER ILLEGAL DETENTION
U.S. SUPREME COURT OVERRULES UTAH STATE COURT SUPPRESSION OF EVIDENCE FOUND IN SEARCH FOLLOWING WARRANT ARREST AFTER ILLEGAL DETENTION In a June 20, 2016 decision, the United States Supreme Court acted by a five to three vote to overturn a Utah Supreme Court decision suppressing evidence found in a search incident to an arrest. The […]
Vol. 31 No. 11- U.S. SUPREME COURT UPHOLDS WARRANTLESS BREATH TESTS INCIDENT TO ARREST FOR DUI ARRESTS; REJECTS WARRANTESS BLOOD TESTS INCIDENT TO DUI ARREST
U.S. SUPREME COURT UPHOLDS WARRANTLESS BREATH TESTS INCIDENT TO ARREST FOR DUI ARRESTS; REJECTS WARRANTESS BLOOD TESTS INCIDENT TO DUI ARREST In a June 23, 2016 decision, the United States Supreme Court acted by a five to three vote to uphold warrantless BAC breath testing of persons lawfully arrested for DUI, and both civil and […]
Vol. 31 No. 10- NINTH CIRCUIT RULES THAT “GOOD CAUSE” REQUIREMENT FOR CCW PERMIT DOES NOT VIOLATE THE SECOND AMENDMENT
NINTH CIRCUIT RULES THAT “GOOD CAUSE” REQUIREMENT FOR CCW PERMIT DOES NOT VIOLATE THE SECOND AMENDMENT On June 9, 2016, an “en banc” panel (11 justices, in an 8-3 decision) of the Ninth Circuit U.S. Court of Appeal held, in Peruta v. County of San Diego, that there is no constitutional right to carry a […]
Vol. 31 No. 9 – A NEW FIRST AMENDMENT CASE INVOLVING A PUBLIC EMPLOYEE
A NEW FIRST AMENDMENT CASE INVOLVING A PUBLIC EMPLOYEE On April 26, 2016, the United States Supreme Court, in a 6 – 2 decision, held in Heffernan v. Paterson, New Jersey et al. that a public sector employee’s First Amendment right was violated even though the employee had not, in fact, engaged in protected political […]