Vol. 21 No. 7- SB 719- Requirements Of The New Pursuit Legislation
SB 719- REQUIREMENTS OF THE NEW PURSUIT LEGISLATION April 11, 2006 It has come to our attention that information being generated regarding the requirements of Senate Bill 719, which deals with pursuit policies, appears to be incorrect and/or misleading. A recent notice sent out by a major law firm, apparently to all law enforcement agencies […]
Vol. 21 No. 16- Public Records Act Demand
PUBLIC RECORDS ACT DEMAND December 11, 2006 This will serve to provide a suggested response to the requests to examine documents pursuant to the California Public Records Act (CPRA) as set forth in emails of early last week. We have been provided with a list of items that in recent days have been requested of […]
Vol. 21 No. 17- Police Officer’s Procedural Bill Of Rights And The Tort Claims Act
POLICE OFFICER’S PROCEDURAL BILL OF RIGHTS AND THE TORT CLAIMS ACT December 19, 2006 We are most pleased to report that the First Appellate District of the California Court of Appeal just published a decision, in Lozada v. City and County of San Francisco, holding that an officer must first file a claim under the […]
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