Vol 23. No. 22- Citizen Carrying Firearm In Plain View
CITIZEN CARRYING FIREARM IN PLAIN VIEW December 02, 2008 It has recently come to our attention from a variety of points around the State that officers are with increasing frequency encountering individuals carrying holstered pistols in plain view on a gun belt, but with ammunition close at hand either in bandolier fashion or a loaded […]
Vol. 23 No. 21- Hr 218 Trumps Local Laws
HR 218 TRUMPS LOCAL LAWS December 1, 2008 Recently, an article appeared in the Rapid City (South Dakota) Journal, stating that law enforcement officers could not rely upon the passage of the Law Enforcement Officers Safety Act of 2004, otherwise known as HR 218. That law basically exempted currently employed “qualified law enforcement officers” (and certain retired officers) from state and […]
Vol. 23 No. 20-California Supreme Court Defines “Primary Caregiver” Under Medical Marijuana Law
CALIFORNIA SUPREME COURT DEFINES “PRIMARY CAREGIVER” UNDER MEDICAL MARIJUANA LAW November 25, 2008 On November 24, 2008, the California Supreme Court, in a unanimous decision, defined the term “primary caregiver” as used in the Compassionate Use Act (CUA) of 1996. California’s Health & Safety Code sec. 11362.5, was adopted following the passage of Proposition 215, and provides a limited defense […]
Vol. 23 No. 19- New Laws Governing Sale Of Nonferrous Metal
NEW LAWS GOVERNING SALE OF NONFERROUS METAL November 7, 2008 As the price for certain metals has risen to all-time highs, California cities and counties have been plagued with the theft of nonferrous metals such as copper and aluminum, which is then sold for substantial sums on the junk and recycling market. Buildings under construction […]
Vol. 23 No. 18- Officers Have No “Right” To Consult Collectively With Legal Counsel Following A Critical Incident
OFFICERS HAVE NO “RIGHT” TO CONSULT COLLECTIVELY WITH LEGAL COUNSEL FOLLOWING A CRITICAL INCIDENT November 7, 2008 The California Court of Appeal, Second Appellate District, recently ruled that officers do not have a constitutional or statutory right to confer, as a group, with legal counsel following an officer involved shooting. In the case of the Association […]
IACP Magazine- International Association of Chiefs of Police Smaller Police Department Program Managing Personnel Through Corrective Discipline
INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE SMALLER POLICE DEPARTMENT PROGRAM “MANAGING PERSONNEL THROUGH CORRECTIVE DISCIPLINE”” November, 2008 San Diego, California By: Martin J. Mayer JONES & MAYER A. PROCEDURAL DUE PROCESS 1. Pre-Discipline Procedures B. ADMINISTRATIVE INVESTIGATIONS – PEACE OFFICER ADMONISHMENT OF RIGHTS C. ADMINISTRATIVE INVESTIGATIONS D. ADMINISTRATIVE INVESTIGATIONS: EMPLOYEE STATEMENTS E. AT WILL […]
Vol. 23 No. 17- Newest Medical Marijuana Decision
NEWEST MEDICAL MARIJUANA DECISION OCTOBER 22, 2008 On October 16, 2008, the California Supreme Court unanimously denied an application to review a Court of Appeal decision, in the case of San Diego County v. San Diego NORML. San Diego and San Bernardino counties had sued the state of California claiming that Proposition 215 was unconstitutional […]
CPOA Magazine Article- Drug Testing of All Applicants for Municipal Employment is Unconstitutional
“Drug Testing of All Applicants for Municipal Employment is Unconstitutional” May, 2008 By Martin J. Mayer, Esq. and Christopher F. Neumeyer JONES & MAYER As a result of a United States Court of Appeals decision, Lanier v. City of Woodburn (2008) 518 F. 3d 1147, cities and counties may no longer require all new candidates […]
Vol. 23 No. 9- Supervisors Not Responsible For Retaliation Under FEHA
SUPERVISORS NOT RESPONSIBLE FOR RETALIATION UNDER FEHA April 10, 2008 A significant “victory” for California employers, and their supervisors, has come about as the result of a recent Supreme Court decision. Supervisors can now relax, to some extent, and stop worrying about whether they will face litigation, and possible personal liability, when an adverse personnel action against one of […]
Vol. 22 No. 18- Vehicles Can Be Towed If…
VEHICLES CAN BE TOWED IF.. October 12, 2007 There appears to be significant misunderstanding about the authority of law enforcement to tow/impound vehicles after citing the operator for driving without a license. Although there have been changes in the law, as a result of several recent case decisions, vehicles can still be towed and impounded […]