Vol. 29 No. 27 – TAKING DNA FROM ARRESTEES: A CONFLICT BETWEEN STATE AND FEDERAL COURTS
TAKING DNA FROM ARRESTEES: A CONFLICT BETWEEN STATE AND FEDERAL COURTS On December 3, 2014, the California Court of Appeal, First Appellate District, unanimously held, in People v. Buza, that California’s law, enacted pursuant to Proposition 69, which allows taking DNA samples from all who are arrested for felonies, is unconstitutional. That decision is in conflict […]
FIRM RECENT NEWS
Recent News: – Martin Mayer presented a legal update at the International Association of Chiefs of Police (IACP) annual conference in Orlando, Florida to the Police Psychologist Section. – Martin Mayer, Jim Touchstone and Denise Rocawich were successful in opposing a writ petition brought by the Stanislaus County Deputy Sheriffs’ Association against Sheriff Adam Christianson […]
Vol. 29 No. 26 PERUTA v. COUNTY OF SAN DIEGO: ALL APPLICATIONS TO INTERVENE ARE DENIED
The three judge panel of the Ninth Circuit U.S. Court of Appeals, which decided the Peruta case, has, finally after more than nine months, ruled on the applications from the State, the Brady Center, and CPCA and CPOA to intervene in the action, and denied all the motions. The denial of the motions by the […]
Vol. 29 No. 25 RECENT COURT DECISIONS AFFECTING POLICE PSYCHOLOGISTS
RECENT COURT DECISIONS AFFECTING POLICE PSYCHOLOGISTS [The following court decisions were presented by Martin Mayer at the 2014 International Association of Chiefs’ of Police Annual Conference to the Police Psychologists’ Section of IACP. They include appellate court cases from states other than California but are all relevant to the issues of Fitness for Duty Evaluations.] 1. […]
Vol. 29 No. 18 Public Employees Subpoened Testimony Alleging Illegal Activity at His Agency is Protected Under 1st Amendment
PUBLIC EMPLOYEE’S SUBPOENED TESTIMONY, ALLEGING ILLEGAL ACTIVITY AT HIS AGENCY, IS PROTECTED UNDER THE FIRST AMENDMENT On June 19, 2014, the United States Supreme Court unanimously ruled, inLane v. Franks, that a state employee’s sworn testimony concerning alleged illegal activity within the agency at which he worked, constituted First Amendment protected speech. Previous court rulings […]
JONES & MAYER Successful in Rivero v. Lake County Board of Supervisors
JONES & MAYER Successful in Rivero v. Lake County Board of Supervisors The California Court of Appeal unanimously ruled in favor of a Sheriff’s right to independent counsel pursuant to Gov. Code Section 31000.6, for the duration of the underlying issue being contested, when a conflict prevents the county counsel from serving as the Sheriff’s […]
Jones & Mayer Does It Again
Peter Krause was a police officer employed by the City of Westminster. The City terminated Krause’s employment after finding that he had committed misconduct that violated multiple Westminster Police Department policies. Krause challenged the City’s termination decision via a Petition for Writ of Administrative Mandamus under Code of Civil Procedure section 1094.5. After a bench […]
Paul Coble presents Public Records Request Act training in Modesto, CA
Peace Officer Standards and Training Course, Legal Updates presented by Paul Coble
Vol. 30 No. 24 AGENCY MAY DISCIPLINE OFFICER FOR MISCONDUCT EVEN WHEN OFFICER IS ON UNPAID “RELIEVED OF DUTY” STATUS
AGENCY MAY DISCIPLINE OFFICER FOR MISCONDUCT EVEN WHEN OFFICER IS ON UNPAID “RELIEVED OF DUTY” STATUS On September 29, 2015, the California Court of Appeal, 2d District held, in the case ofNegron v. Los Angeles County Civil Service Commission, that the LA County Sheriff could discharge a deputy sheriff for misconduct committed while the deputy […]