Vol. 32 No. 26 COURT OF APPEAL HOLDS THAT VEHICLE CODE SECTION 17004.7(b)(2) DOES NOT REQUIRE A PUBLIC AGENCY TO PROVE THAT EACH OF ITS OFFICERS HAS RECEIVED AND READ THE AGENCY’S PURSUIT POLICY
On August 23, 2017, the Second District Court of Appeal, in Ramirez v. City of Gardena,[1] held that “promulgation” in California Vehicle Code section 17004.7(b)(2)[2] means that, to obtain immunity in a legal action resulting from a vehicle pursuit, a public agency must require its peace officers to certify in writing that they have received, […]
Vol. 32 No. 25 CALIFORNIA SUPREME COURT RULES ON PUBLIC ACCESS TO AUTOMATED LICENSE PLATE SCANNER DATA
On August 31, 2017, the California Supreme Court, in ACLU of Southern Calif. v. Super Court of Los Angeles (County of LA, et. al. Real Parties), __ Cal. 5th ___ (2017), affirmed the Superior Court’s decision to exempt raw Automated License Plate Reader (“ALPR”) data from disclosure under the California Public Records Act (“CPRA”). The […]
Vol 32. No 24 CIRCUIT RULES NO QUALIFIED IMMUNITY FOR OFF-DUTY POLICE OFFICER WORKING AS PRIVATE SECURITY GUARD
On August 23, 2017, the Court of Appeals for the Ninth Circuit, in Bracken v. Okura, 2017 U.S. App. LEXIS 16105 (9th Cir. Aug. 23, 2017), ruled that an “off-duty” Honolulu Police Department Officer working as a hotel security guard was not entitled to qualified immunity for failure to intervene to prevent an assault because […]
Vol. 32 No. 23 CALIFORNIA SUPREME COURT HOLDS PROPOSITION 66 IS CONSTITUTIONAL
On August 24, 2017, the California Supreme Court denied a writ petition[1] challenging the constitutionality of Proposition 66 (“Prop 66”), which was approved by California voters in November 2016. Prop 66, among other things, created a 5-year time limit to complete all post-trial appellate proceedings in death penalty cases. While the Court upheld the new […]
Vol. 32 No. 22 DISTRICT COURT RULES THAT A CRIMINAL SUSPECT HAD NO EXPECTATION OF PRIVACY REGARDING THE LOCATION OF HIS CELLPHONE
On May 16, 2017, the United States District Court for the Northern District of Illinois, in United States v. Rosario, 2017 WL 2117534 (N.D. ILL. May 16, 2017), held that the Government’s acquisition of cell-site location information (CSLI) from a third-party provider did not constitute a search in violation of the Fourth Amendment. Background On […]
Vol 32. No. 21 PROPOSITION 47’s RESENTENCING GUIDELINES DO NOT APPLY TO PROCEEDINGS UNDER THE THREE STRIKES REFORM ACT
July 3, 2017, the California Supreme Court, in People v. Valencia, 2017 Cal. LEXIS 4893 (Cal. July 3, 2017), held that Proposition 47’s definition of “unreasonable risk of danger to the public” does not apply to resentencing proceedings under Proposition 36, the Three Strikes Reform Act. Background In November 2012, California voters enacted Proposition 36, […]
Vol. 32 No. 20 CLARIFICATION: STATEWIDE APPLICABILITY OF THE ALADS v. SUPERIOR COURT CASE
Yesterday’s client alert memorandum (Vol. 32, No. 19) erroneously suggested the new case of ALADS v. Superior Court only applied in Los Angeles, Ventura, Santa Barbara and San Luis Obispo counties. That was an error. The case applies in all superior courts in the State of California until the California Supreme Court depublishes it or […]
Vol. 32 No. 28 NINTH CIRCUIT REVERSES DENIAL OF QUALIFIED IMMUNITY TO OFFICERS INVOLVED IN FATAL SHOOTING
On September 15, 2017, a panel of the Ninth Circuit Court of Appeals, in Woodward v. City of Tucson,[1] reversed the district court’s denial of qualified immunity to officers involved in a fatal shooting. The Court concluded that the decedent did not have a reasonable expectation of privacy while trespassing in an apartment. The Court […]
Vol 32. No. 29 JURY IMPROPERLY CONSIDERED THE RACE OF A POLICE SHOOTING VICTIM IN DECIDING THE DEPARTMENT DISCRIMINATED AGAINST THE INVOLVED OFFICERS
On September 14, 2017, the California Court of Appeal held, in a case entitled Diego v. City of Los Angeles,[1] that the City of Los Angeles did not discriminate against two Hispanic police officers by keeping them off field duty following their fatal shooting of an unarmed black man. The Court held that the officers […]
Vol. 32 No. 30 GOVERNOR BROWN SIGNS INTO LAW SENATE BILL 54, WHICH LIMITS WAYS IN WHICH LAW ENFORCEMENT CAN COOPERATE WITH FEDERAL IMMIGRATION ENFORCEMENT
On October 5, 2017, Governor Jerry Brown signed into law Senate Bill (SB) 54, which, among other things, and subject to exceptions, prohibits state and local law enforcement agencies from using money or personnel for specified immigration enforcement purposes. The bill makes amendments to the Trust Act and enacts the California Values Act. The legislation […]