Vol. 29 No. 21 ICE Detainers and ACLU Threat of Litigation
ICE Detainers and ACLU Threat of Litigation On July 3, 2014, the American Civil Liberties Union of California (ACLU) sent letters to many city police chiefs and/or city attorneys referencing a recent federal court decision which held that ICE detainers are mere requests, not mandates, and honoring them violated the individuals’ constitutional rights. This letter […]
July 1, 2014 CSSA Magazine Article -FAMILY & MEDICAL LEAVE ACT – BASIC ISSUES
FAMILY & MEDICAL LEAVE ACT – BASIC ISSUES By: Martin J. Mayer, General Counsel- California State Sheriffs’ Association On April 15, 2014, the California Court of Appeal, Second Appellate District, reversed a judgment by the Superior Court of Los Angeles in the case ofWhite v. County of Los Angeles regarding the Family & Medical Leave Act […]
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 […]