CSSA Magazine Article- Medical Marijuana: Law Enforcement’s “Rock and a Hard Place”
“MEDICAL MARIJUANA: LAW ENFORCEMENT’S “ROCK AND A HARD PLACE” January, 2007 By: Martin J. Mayer JONES & MAYER Approximately ten years ago, California voters approved Proposition 215 which, in essence, provides a defense to criminal prosecution for possession of marijuana when used for medical purposes. The proposition was subsequently codified as the “Compassionate Use Act” […]
CSSA Magazine Article- Officer’s Use of Force
“AN OFFICER’S USE OF FORCE: WHAT IS REASONABLE?” July, 2007 By: Martin J. Mayer JONES & MAYER The question of when law enforcement officers are entitled to use force, and what amount of force is reasonable, is a question which constantly plagues all peace officers. Over the course of the last year or so, and […]
Vol. 22 No. 7- Spielbauer decision vacated!
SPIELBAUER DECISION VACATED! May 9, 2007 The California Supreme Court, on May 9, 2007, granted the petition for review, requested by the County of Santa Clara, in the case of Spielbauer v. County of Santa Clara (Case: S150402). In the Spielbauer decision, the Court of Appeal ruled that, despite the Supreme Court’s decision in Lybarger […]
Vol. 22 No. 6- New pursuit law becomes effective July 1, 2007
NEW PURSUIT LAW BECOMES EFFECTIVE JULY 1, 2007 May 4, 2007 California ‘s new rules regarding pursuits take effect on July 1, 2007 and must be met by law enforcement agencies if they wish to retain the immunity from civil liability set forth in V.C. section 17004.7. SB 719 passed into law in late 2005 […]
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 […]