Vol. 36 No. 14 Update: Executive Decisions and the COVID-19 Vaccines
The persistence of the COVID-19 pandemic, the transmissibility associated with the Delta variant, and differing beliefs about personal autonomy and the role of government in mandating methods of illness prevention have again brought the issue of mandatory vaccines to the center of public policy. The purpose of this Alert is to provide law enforcement executives […]
Vol. 36 No. 13 DISTRICT COURT PROPERLY DISMISSED SECTION 1983 EXCESSIVE FORCE CLAIM AFTER CRIMINAL JURY CONVICTED PLAINTIFF OF VIOLATING PENAL CODE SECTION 148
In a 2-1 opinion, the Ninth Circuit Court of Appeals, in Lemos v. Cty. of Sonoma, affirmed a District Court’s holding that a 42 U.S.C. section 1983 claim for excessive force brought by a plaintiff convicted under Penal Code section 148(a)(1) was barred by Heck v. Humphrey. In reaching its conclusion, the Court found that […]
Vol. 36 No. 6 THE COURT OF APPEAL RESOLVED THE CONFLICT BETWEEN AN SB1421 DISCLOSURE WHICH VIOLATED A PROVISION OF A SETTLEMENT AGREEMENT IN A DISCIPLINARY ACTION AND DECIDED WHAT THE “FINAL DETERMINATION OF SUSTAINED DISCIPLINE” MEANS IN SB1421
The First District Court of Appeal in Collondrez v. City of Rio Vista, (2021) 61 Cal. App. 5th 1039, issued a decision in which a settlement agreement following a disciplinary action involving a peace officer promised confidentiality in the internal investigative documentation which led to the discipline. The Court of Appeal determined that SB 1421 […]
California Law Enforcement and Body-Worn Cameras in 2021
The widespread adoption of body-worn cameras (BWCs) by law enforcement agencies throughout the United States has transformed public expectations of transparency and accountability in policing. While much of the transparency brought by BWCs has had a positive influence on policing, it has also created complex challenges. This article summarizes important elements of California law that […]
Vol. 36 No. 5 REHEARING EN BANC, NINTH CIRCUIT COURT CONCLUDES THAT INDIVIDUALS DO NOT HAVE A SECOND AMENDMENT RIGHT TO CARRY FIREARMS OPENLY IN PUBLIC
In Young v. Hawaii, the en banc Ninth Circuit Court of Appeals held that the Second Amendment does not guarantee an unfettered, general right to openly carry arms in public. In reaching its conclusion, the Court concluded that the State of Hawaii’s restrictions on the open carrying of firearms reflect longstanding prohibitions, and therefore, the […]
Vol. 36 No. 4 NO CLEARLY ESTABLISHED LAW GOVERNED THE REASONABLENESS OF USING A CANINE TO SUBDUE A NON-COMPLIANT SUSPECT
In Hernandez v. Town of Gilbert, the Ninth Circuit Court of Appeals held that no clearly established law controlled in the specific context of a suspect who continued to resist police and refused to surrender throughout an incident in which the officers escalated from a minimal use of force through lesser uses of force before […]
Voter initiative ballot measures to impose special taxes do not need 2/3 voter approval
Summary In City and County of San Francisco v. All Persons Interested in Matter of Proposition C, 51 Cal. App. 5th 703 (2020), the California Court of Appeal held that San Francisco’s (“City”) Proposition C (“Prop C”) was validly passed by the electorate with a simple majority. Prop C was a voter-sponsored initiative that imposed […]
Vol. 36 No. 7 PUBLIC SAFETY OFFICERS PROCEDURAL BILL OF RIGHTS SECTION 3303(G) DOES NOT REQUIRE AUTOMATIC DISCLOSURE OF REPORTS AND COMPLAINTS PRIOR TO ANY FURTHER INTERROGATION OF AN OFFICER UNDER INVESTIGATION
In Oakland Police Officers’ Ass’n v. City of Oakland, the California First District Court of Appeal concluded that the Public Safety Officers Procedural Bill of Rights, Government Code Section 3303(g) does not require automatic disclosure of reports and complaints prior to any further interrogation of an officer under investigation. Instead, the investigating agency’s disclosure obligations […]
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 […]