Vol. 29 No. 20 U. S. Supreme Court Rules Police Need Warrant to Search Smartphone
U.S. SUPREME COURT RULES POLICE NEED WARRANT TO SEARCH SMARTPHONE On June 25, 2014, the United States Supreme Court, in the case of Riley v. California and United States v. Wurie, ruled unanimously (9-0) that “police generally may not, without a warrant, search digital information on a cell phone seized from an individual who has been […]
Vol. 29 No. 19 Ninth Circuit Rules L. A. Muni Code Which Prohibits Use of Vehicle as “Living Quarters,” Unconstitutional
NINTH CIRCUIT RULES L.A. MUNI CODE, WHICH PROHIBITS USE OF VEHICLE AS “LIVING QUARTERS,” UNCONSTITUTIONAL On June 19, 2014, a three judge panel held, in the case of Desertrain et. al. v. City of Los Angeles et. al., that L.A. Municipal Code Section 85.02, which prohibits the use of a vehicle as living quarters, “provides […]
October 2014 CSSA Magazine- NEW SIGNIFICANT “MIRANDA” DECISIONS
NEW SIGNIFICANT “MIRANDA” DECISIONS By: Martin J. Mayer, General Counsel – California State Sheriffs’ Association The California Supreme Court recently issued two significant decisions affecting a person’s right to remain silent pursuant to Miranda v. State of Arizona, (1966) 384 U.S. 436. The issue in Miranda was whether “statements obtained from an individual who is subjected to custodial […]
October 2014 CPCA Magazine- PRIVACY ISSUES ARE VERY COMPLEX
PRIVACY ISSUES ARE VERY COMPLEX By: Martin J. Mayer, General Counsel- California Police Chiefs’ Association Over the past few months, the United States Supreme Court, the California Supreme Court, and the California Court of Appeals have each issued significant decisions affecting privacy rights of peace officers, as well as members of the public. One case […]
Vol. 29 No. 24 PROPOSITION #47 – BIG IMPACT ON LAW ENFORCEMENT
PROPOSITION 47 – BIG IMPACT ON LAW ENFORCEMENT Although it will not be known until Election Day next week whether or not Proposition 47 passes, it appears from current polls that the likelihood is great that it will. As such, since it will take effect immediately (12:01 a.m. 11/5/14), and will have a significant impact […]
January 15, 2015 – Martin J. Mayer Presenting California Police Chiefs’ Association Role of the Chief Legal Issues for Law Enforcement, Pismo Beach, California
Vol. 30 No. 1 IF A SHERIFF IS ENTITLED TO INDEPENDENT COUNSEL, PURSUANT TO GOV. CODE 31000.6, COURT CANNOT LIMIT THE SCOPE OF REPRESENTATION
IF A SHERIFF IS ENTITLED TO INDEPENDENT COUNSEL, PURSUANT TO GOV. CODE 31000.6, COURT CANNOT LIMIT THE SCOPE OF REPRESENTATION. On January 6, 2015, the California Court of Appeal ordered that good cause existed to publish the case of Rivero v. Lake County Board of Supervisors. The case involved a dispute between the Lake County […]
CSSA Magazine- January 2015 WORKPLACE INVESTIGATIONS REGARDING ALLEGED MISCONDUCT – PITFALLS TO AVOID
WORKPLACE INVESTIGATIONS REGARDING ALLEGED MISCONDUCT – PITFALLS TO AVOID By: Martin J. Mayer, General Counsel- California State Sheriffs’ Association Investigations of alleged misconduct by employees are inevitable, in virtually all employment environments, but most particularly in law enforcement agencies. Since, in California, the state law requires that a process exist to enable the public to file complaints against […]
Vol. 29 No. 29 COURT OF APPEAL RULES THAT LAPD POLICY ON IMPOUNDING VEHICLES IS LEGAL
COURT OF APPEAL RULES THAT LAPD POLICY ON IMPOUNDING VEHICLES IS LEGAL On December 26, 2014, the California Second District Court of Appeal held, in LAPPL v. City of Los Angeles, et al, that the LAPD “Special Order 7,” regarding when officers could impound vehicles driven by unlicensed drivers, was lawful. Harold Sturgeon, a Los Angeles […]
Vol. 29 No. 28 USE OF “PITCHESS” MOTIONS IN ADMINISTRATIVE DISCIPLINARY APPEALS IS PERMITTED
USE OF “PITCHESS” MOTIONS IN ADMINISTRATIVE DISCIPLINARY APPEALS IS PERMITTED On December 1, 2014, the California Supreme Court decided the case of Riverside County Sheriff’s Department v. Stiglitz (Drinkwater) (E052807). California law enforcement has been anticipating this decision for the past year. The Supreme Court upheld the Court of Appeal decision permitting a “Pitchess” motion to […]