Vol. 22 No. 5- U.S. supreme court approves pursuits to protect the Public
U.S. SUPREME COURT APPROVES PURSUITS TO PROTECT THE PUBLIC April 30, 2007 In a nearly unanimous decision (8-1), the United States Supreme Court, on April 30, 2007, ruled that a deputy sheriff’s attempt to stop a fleeing suspect by forcing him off the road was reasonable because the fleeing suspect posed a substantial and immediate […]
Vol. 22 No. 4- Transfers are not always “Punitive”
TRANSFERS ARE NOT ALWAYS “PUNITIVE” April 23, 2007 Last week the California Court of Appeal reiterated that the transfer of a peace officer is not, in and of itself, punitive action which violates the Public Safety Officers Procedural Bill of Rights Act (POBR). In the case of Benach v. County of Los Angeles, 2007 DAR […]
California Sheriff- Multiple Case Decisions Impact Peace Officer’s Bill of Rights
Vol. 22, No. 2
Vol. 22 No. 3 Binding Effect of Spielbauer vs. County of Santa Clara
BINDING EFFECT OF SPIELBAUER vs. COUNTY OF SANTA CLARA March 30, 2007 As a result of the opinion recently issued by the Sixth District California Court of Appeal,Spielbauer v. County of Santa Clara , 146 Cal. App. 4th 914 (2007), many law enforcement agencies are questioning how Spielbauer affects peace officers, since the employee discussed […]
Vol. 22 No. 2- Major Change for Internal Affairs
MAJOR CHANGE FOR INTERNAL AFFAIRS January 30, 2007 On January 12, 2007, the Sixth Appellate District of the California Court of Appeal issued an opinion in the case of Spielbauer v. County of Santa Clara, 2007 DAR 591; 2007 Cal.App.LEXIS 40. That decision impacts upon an agency’s ability to conduct an administrative investigation of alleged […]
Vol. 22 No. 1- Latest Impound Case
LATEST IMPOUND CASE January 8, 2007 In November of 2005, the Ninth Circuit U.S. Court of Appeal ruled that the authority to impound a car, without a warrant, was limited under the Fourth Amendment of the U.S. Constitution. In the case of Miranda v. City of Cornelius, 429 F.3d 858, the court held that one […]
CSSA Magazine Article- Confidentiality of Peace Officer Personnel Files Under Attack
“CONFIDENTIALITY OF PEACE OFFICER PERSONNEL FILES UNDER ATTACK” April, 2006 By: Martin J. Mayer General Counsel California State Sheriffs’ Association The law in the State of California explicitly states that peace officer personnel records and information contained therein are confidential. Government Code §832.7 has, for years, mandated confidentiality of personnel records of law enforcement officers. […]
Vol. 21 No. 6- Term Limits For District Attorneys And Assessors Declared Unconstitutional
TERM LIMITS FOR DISTRICT ATTORNEYS AND ASSESSORS DECLARED UNCONSTITUTIONAL March 16, 2006 On March 14, 2006 Superior Court Judge Soussan G. Bruguera granted a motion filed on behalf of Los Angeles County District Attorney Steve Cooley and County Assessor Rick Auerbach, to declare a county ordinance, which set term limits for their offices, unconstitutional. The […]
Vol. 20 No. 14- MARIJUANA AND THE CHP
MARIJUANA AND THE CHP August 31, 2005 As most of you are probably aware, last week the California Highway Patrol issued an updated medical marijuana policy to all CHP officers. The new policy states that, when making a traffic stop, no enforcement action shall be taken against an individual who is in possession of marijuana, […]
Vol. 20 No. 13- Vehicle Code Section 22658 – Tillison v. San Diego
VEHICLE CODE SECTION 22658 – TILLISON v. SAN DIEGO June 30, 2005 On May 9, 2005, the United States Court of Appeal for the Ninth Circuit issued an opinion inTillison v. City of San Diego, 406 F. 3d 1126 (2005), in which it upheld the validity of California Vehicle Code section 22658(1). John Tillison, dba […]