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 […]
Vol. 31 No. 8 – IF A LOADED GUN IS IN A BACKPACK, IS IT BEING CARRIED “ON A PERSON?”
IF A LOADED GUN IS IN A BACKPACK, IS IT BEING CARRIED “ON A PERSON?” On May 9, 2016, the California Supreme Court held, in People v. Wade, that if a person is wearing a backpack which contains a loaded gun, he/she is carrying a loaded gun “on the person” in violation of Penal Code […]
CALIFORNIA SUPREME COURT HOLDS THAT A GOVERNMENT AGENCY’S INADVERTENT DISCLOSURE OF PRIVILEGED DOCUMENTS IN RESPONSE TO A PUBLIC RECORDS ACT REQUEST DOES NOT WAIVE THE PRIVILEGE
On March 17, 2016, the California Supreme Court in Ardon v. City of Los Angeles, 2016 Cal. LEXIS 1572, Case No. S223876 (Mar. 17, 2016), held that the City of Los Angeles’s inadvertent disclosure of privileged documents in response to a Public Records Act request did not waive the privilege under Government Code section 6254.5.[1] […]
Vol. 31 No. 7- JUSTIFIABLE USE OF A “TASER” IS AGAIN ANALYZED BY THE FEDERAL COURT
JUSTIFIABLE USE OF A “TASER” IS AGAIN ANALYZED BY THE FEDERAL COURT On April 5, 2016, the U.S. Court of Appeals for the Ninth Circuit held, inThomas v. Dillard & Palomar Community College District, that a “domestic violence call,” justifies a Terry stop but, with no more information, it does not by itself justify a […]
Vol. 31 No. 6- VEHICLE PURSUIT POLICY MUST BE “PROMULGATED,” AND ANNUAL TRAINING PROVIDED, IN ORDER FOR IMMUNITY TO APPLY
VEHICLE PURSUIT POLICY MUST BE “PROMULGATED,” AND ANNUAL TRAINING PROVIDED, IN ORDER FOR IMMUNITY TO APPLY On April 4, 2016, the Fourth District Court of Appeal held, inMorgan v. Beaumont Police Department, that law enforcement agencies will only get immunity from damages caused during a pursuit if they adopt a policy, promulgate it, and provide […]