Vol. 35 No. 12 REASONABLE SUSPICION FOR A TRAFFIC STOP MAY EXIST WHEN AN OFFICER REASONABLY BELIEVES THAT THE REGISTERED OWNER’S DRIVER’S LICENSE HAS BEEN REVOKED

In an 8-1 decision, in Kansas v. Glover,[1] the Supreme Court of the United States held that when an officer lacks information negating an inference that the owner is driving the vehicle, an investigative traffic stop made after running a vehicle’s license plate and learning that the registered owner’s driver’s license has been revoked is […]

Vol. 35 No. 11 HIPAA DISCLOSURES – COVID 19 – FIRST RESPONDERS

A recurrent question of late has been what, if any, information can be relayed to first responders – Police and Fire Emergency Medical Services (“EMS”) concerning potential COVID-19 exposure from a given person and/or location.  Fortunately, guidance has now been had from the U.S. Department of Health and Human Services in an online bulletin received […]

Vol. 35 No. 10 EXECUTIVE ORDER N-40-20 – POBR STATUTE OF LIMITATIONS EXTENDED

By Executive Order dated March 30, 2020, Governor Newsom extended the statute of limitations under Govt. Code §3304(d) by 60 days. Govt. Code §3304(d) reads in pertinent part[1] as follows: Except as provided in this subdivision and subdivision (g), no punitive action, nor denial of promotion on grounds other than merit, shall be undertaken for […]

Vol. 35 No. 19 A CITY’S EFFORTS TO REDACT ELECTRONIC DATA PRIOR TO DELIVERING RESPONSIVE RECORDS IN RESPONSE TO A PUBLIC RECORDS ACT REQUEST IS NOT COMPENSABLE

On May 28, 2020, the California Supreme Court issued the long-awaited opinion in National Lawyers Guild, San Francisco Bay Area Chapter v. City of Hayward (S252445).  The Court rejected the argument that staff time and effort spent editing and redacting confidential or exempt data from responsive video footage could be charged to the Public Records […]

Vol. 35 No. 20 CURFEW ENFORCEMENT

California and the nation are experiencing large-scale community reaction following the tragic death, at the hands of law enforcement, of George Floyd in Minneapolis.  Many people have been responsible in how they have exercised their rights to free assembly and free speech and in the way they have expressed their perspectives concerning law enforcement agency […]

Vol. 35 No. 28 WORKERS’ COMPENSATION BENEFITS ARE PLAINTIFFS’ EXCLUSIVE REMEDY FOR THE INJURIES THEY SUSTAINED IN RESPONDING TO PEACE OFFICER’S REQUEST TO PROVIDE ASSISTANCE

On August 27, 2020, in the case of Gund v. County of Trinity,[1] the California Supreme Court found that plaintiffs, who were injured by an attacker in the course of responding to a peace officer request to provide assistance to their neighbor who had called 911 requesting help, were limited to workers’ compensation benefits for […]

Vol. 35 No. 27 CALIFORNIA SUPREME COURT PROVIDES SEVEN-FACTOR TEST THAT A TRIAL COURT SHOULD USE IN RULING ON A MOTION TO QUASH A SUBPOENA DUCES TECUM DIRECTED TO A THIRD PARTY

In the August 2020 case of Facebook, Inc. v. Superior Court (Stephan),[1] the California Supreme Court directed trial courts to explicitly consider and balance seven factors in ruling on a motion to quash a subpoena duces tecum directed to a third party. Background In May 2018 in Facebook v. Superior Court (Hunter),[2] the California Supreme […]