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 […]
Vol. 20 No. 11- U.S. Supreme Court Denies Review in Smith v. Hemet
U.S. SUPREME COURT DENIES REVIEW IN SMITH v. HEMET June 22, 2005 On June 20, 2005 the U.S. Supreme Court denied the City of Hemet ‘s request for the Court to grant certiorari (review) in the case of Smith v. Hemet. Previously, the Ninth Circuit U.S. Court of Appeals, sitting en banc , ruled that […]
Vol. 20 No. 10- Medical Marijuana Sample Ordinances
MEDICAL MARIJUANA SAMPLE ORDINANCES June 15, 2005 Last week we sent out a Client Alert Memo regarding the U.S. Supreme Court decision on California ‘s medical marijuana law. Since then, we have been asked to provide samples of ordinances which regulate or prohibit the opening of medical marijuana dispensaries in a jurisdiction. Therefore, we are […]