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 […]
Vol. 31 No. 5- NINTH CIRCUIT U.S. COURT OF APPEALS HOLD THAT USE OF K-9 IS “SEVERE” USE OF FORCE
NINTH CIRCUIT U.S. COURT OF APPEALS HOLD THAT USE OF K-9 IS “SEVERE” USE OF FORCE On April 1, 2016, the Ninth Circuit U. S. Court of Appeals, in a 2 – 1 decision, held that summary judgment for the City was improper when “a reasonable jury could find that police officers responding to [a burglar […]
Paul Coble will be presenting a Pitchess motion training class at Vacaville, CA, Police Department
Joint power agencies must file joint powers agreement with LAFCO by July 1, 2017
Senate Bill 1266 (“SB 1266”) provides that joint power agencies that, (1) have a city as a member and, (2) that were formed to provide municipal services, must file a copy of the joint powers agreement[1] with the local agency formation commission (“LAFCO”) by July 1, 2017.[2] Such joint power agencies that are formed after […]
Cities can be liable under Inverse Condemnation for damage caused by fallen trees that were planted by the City
I. Summary On August 24, 2017, the California Court of Appeal held that the City of Pasadena was not liable for damages caused by a City tree falling onto a house in a suit for inverse condemnation because there was no record that the City planted the tree as part of a public improvement project.[1] […]
Vol. 32 No. 27 FAILURE TO PROVIDE AMERICAN SIGN LANGUAGE INTERPRETER TO COUNTY JAIL INMATE MAY VIOLATE AMERICANS WITH DISABILITIES ACT
On August 31, 2017, the Ninth Circuit Court of Appeals ruled that a suit could proceed that alleged an Oregon county jail discriminated against a deaf inmate by failing to provide an American Sign Language (“ASL”) interpreter during his pretrial detention.[1] The Court held that a reasonable jury could find that by not providing a […]
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, […]