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 […]
Vol. 32 No. 35 NEW STATE LAWS IN 2017 THAT IMPACT CALIFORNIA’S LAW ENFORCEMENT AGENCIES
Several new state laws were passed by the Legislature in 2017 that will impact California’s law enforcement agencies. Brief summaries of relevant new laws are outlined below for informational purposes. Unless otherwise stated, these new laws are effective January 1, 2018. Please consult with your legal counsel for additional details. ASSEMBLY BILLS AB 7 – […]
Vol. 32 No. 34 WARRANTLESS SEARCH OF PROBATIONER’S RESIDENCE REASONABLE DESPITE OBJECTION OF CO-OCCUPANT
On November 30, 2017, the Ninth Circuit Court of Appeals held, in Smith v. City of Santa Clara, 2017 U.S. App. LEXIS 24307 (9th Cir. Nov. 30, 2017), that the search of a probationer’s residence was permissible under federal law, despite the objection of a co-occupant and the non-presence of the probationer. Facts In October […]
Vol. 32 No. 33 WARRANTLESS SEARCH OF VEHICLE DASHBOARD CONSOLE IS PERMISSIBLE UNDER THE “AUTOMOBILE EXCEPTION” WHEN SUPPORTED BY PROBABLE CAUSE
On November 13, 2017, the California Court of Appeal for the Sixth Appellate District decided, in the case of People v. Zabala, 2017 Cal. App. LEXIS 996, that the removal of a dashboard console exceeds the scope of a permissible inventory search incident to an arrest without a warrant. However, the Court also held that […]
Vol. 32 No. 32 DISTRICT COURT CONCLUDES THAT THE FOURTH AMENDMENT DOES NOT REQUIRE JUDICIAL REVIEW OF ICE OFFICERS’ PROBABLE CAUSE DETERMINATIONS
In June 2017, the United States District Court for the Central District of California, in Roy v. County of Los Angeles,[1] concluded that the Fourth Amendment does not require judicial review of Immigration and Customs Enforcement (“ICE”) officers’ probable cause determinations. Background Plaintiffs Geraldo Gonzalez and Simon Chinivizyan (“Plaintiffs”) are both United States’ citizens. At […]
Vol. 32 No. 31 LAS VEGAS POLICE OFFICERS NOT ENTITLED TO QUALIFIED IMMUNITY FOR ARRESTEE’S DEATH FOLLOWING PROLONGED TASING
On October 20, 2017, the Ninth Circuit Court of Appeals decided, in the case of Jones v. Las Vegas Metro. Police Dep’t, 2017 U.S. App, LEXIS 20669, that police officers who repeatedly tased a suspect for 90 seconds were not entitled to qualified immunity and that the case could proceed to trial. The Ninth Circuit […]