Vol. 36 No. 8 DETECTIVES WERE ENTITLED TO QUALIFIED IMMUNITY BECAUSE IT WAS NOT CLEARLY ESTABLISHED THAT THEIR INTERROGATION TACTICS ‘SHOCKED THE CONSCIENCE’ WHEN USED OVER A SHORT PERIOD OF TIME

In Tobias v. Arteaga, the Ninth Circuit Court of Appeals reversed the denial of qualified immunity for officers with regards to a plaintiff’s Fourteenth Amendment substantive due process claim.  The Court held that detectives interrogating a minor suspect in a murder investigation were entitled to qualified immunity because it was not clearly established that their […]

Vol. 36 No. 12 KILLGORE DECISION RE MASSAGE ESTABLISHMENTS AND 
CLOSELY REGULATED INSPECTIONS

Background The Ninth Circuit Court of Appeals has recently reaffirmed a decades old California state appellate court decision that held that the massage industry is closely regulated and a warrantless administrative inspection of massage parlors under ordinances that meet certain factors do not violate the Fourth Amendment.  This Ninth Circuit case, Killgore v. City of […]

Vol. 36 No. 10 UNDER THE FOURTH AMENDMENT, PURSUIT OF A FLEEING MISDEMEANOR SUSPECT DOES NOT ALWAYS JUSTIFY A WARRANTLESS ENTRY INTO A HOME

In Lange v. California, the United States Supreme Court held that an officer’s pursuit of a fleeing misdemeanor suspect does not categorically justify a warrantless entry into a home.  Instead, as per Supreme Court precedent, a case-by-case assessment of exigency is required when deciding whether a suspected misdemeanant’s flight justifies a warrantless home entry. Background […]

Permissible Expenditures of American Rescue Plan Act Funds

Summary On March 10, 2021, Congress passed the American Rescue Plan Act of 2021 (the “Act”). The Act provides relief funding for states and local governments to alleviate the effects of the COVID-19 pandemic. The Act requires disbursement to local agencies by the US Department of the Treasury (the “US DOT”) to cities with populations […]

Vol. 36 No. 9 SUPREME COURT REJECTS BROAD APPLICATION EXTENDING COMMUNITY CARETAKING EXCEPTION TO WARRANTLESS SEARCHES AND SEIZURES IN HOME IN CERTAIN CIRCUMSTANCES

In a unanimous 9-0 decision, the United States Supreme Court in Caniglia v. Strom rejected a lower court’s broad interpretation of the “community caretaking exception,” which erroneously extrapolated a previous Supreme Court case’s statement regarding the exception to warrantless search and seizure in a home context under the specific facts of this case. Background During […]

Cities can be reimbursed by the State for certain costs associated with compliance with stormwater discharge permit requirements.

Summary In Department of Finance v. Commission on State Mandates (2021) 59 Cal.App.5th 546, the Court of Appeal for the Second Appellate District held that city costs associated with installing and maintaining trash receptacles at transit stops in compliance with stormwater drain permits are reimbursable by the State of California, but costs associated with inspection […]

Increased Amounts for Bidding Public Projects under the Uniform Public Construction Cost Accounting Act

I. SUMMARY The Uniform Public Construction Cost Accounting Act (“UPCCAA”) provides public agencies with an optional, alternative and less-burdensome bidding procedure for public works projects that are valued at a certain amount. Assembly Bill 2249 (“AB 2249”) increased these amounts so that more public works contracts can be awarded using these relaxed bidding procedures. Agencies […]