Vol. 22 No. 16 – Take Home Cars and the IRS
TAKE HOME CARS AND THE IRS An issue has arisen regarding whether or not officers who take home cars which belong to the department will be taxed for the value of the use of the vehicle during the commute back and forth from work. The IRS has always considered the personal use of a vehicle owned by any employer, […]
Vol. 22 No. 17- Garden Grove v. Superior court (Kha) – The Next Step
Garden Grove v. Superior Court (Kha) – The Next Step. December 19, 2007 “Kudos” to the Garden Grove City Council! On December 11, 2007, just days after the California Court of Appeal denied the City’s writ petition, which attempted to reverse a superior court’s order to return marijuana to a subject, the City Council voted to ask […]
Vol. 22 No. 16- The Court to California Cops: “Give Back The Dope”
THE COURT TO CALIFORNIA COPS: “GIVE BACK THE DOPE.” December 3, 2007 On November 28, 2007, the California Court of Appeal (Fourth Appellate District) ruled, in the case of City of Garden Grove v. Superior Court of Orange County (Kha) , that once a charge of possession of marijuana has been dismissed by a court, pursuant to […]
Vol. 22 No. 15 – Prisoner Release Update
PRISONER RELEASE UPDATE October 22, 2007 Previously, we published a Client Alert Memorandum entitled “40,000 INMATES RELEASED TO YOUR COMMUNITIES” regarding the prisoner release matter currently before a Three-Judge Court under the Prison Litigation Reform Act to decide whether to issue a prisoner release order that would potentially release up to 40,000 state prison […]
Vol. 22 No. 14- Public Records Act And Fees
PUBLIC RECORDS ACT AND FEES It looks like CalAware people are at it again. Many of you may have received a California Public Records Act request asking for the record or records which indicate what you charge for copies of crime or accident reports to those involved. There is really only one reported case decision […]
California Sheriff- A Potential Avalanche of Released Felons
Vol. 22, No. 4
Vol. 22 No. 13- Less Privacy For Personnel Information
LESS PRIVACY FOR PERSONNEL INFORMATION On Monday, August 27, 2007, the California Supreme Court issued two opinions which declared certain peace officer personnel information available to the public. In the case of Commission on Peace Officer’s Standards and Training vs. Superior Court of Sacramento County (L.A. Times), the California Supreme Court ruled that the “names, […]
Vol. 22 No. 11- More Info On Badges
“MORE INFO ON BADGES” August 3, 2007 Since the issuance of the Attorney General’s Opinion, No. 06-307, and our Client Alert Memo, Vol. 22, No. 10, August 1, 2007, regarding the issuance of badges to non peace officers, we have been inundated with phone calls and e-mails asking for clarification on a variety of issues. […]
Vol. 22 No. 19- Medical costs of arrestees – who pays before booking?
MEDICAL COSTS OF ARRESTEES – WHO PAYS BEFORE BOOKING? On November 15, 2007 the California Court of Appeal, Fourth District, issued a ruling which substantially changes what had been law, and practice, in California for many years. In the case of Sharp Healthcare, et al, v. County of San Diego, 2007 Cal. App. LEXIS 1858, […]
Vol. 22 No. 20-POBR Does Not Apply To Criminal Investigations
POBR DOES NOT APPLY TO CRIMINAL INVESTIGATIONS Last year, a superior court judge ruled that if an employing agency was conducting a criminal investigation of an officer, it must afford the officer all rights under the Public Safety Officers Procedural Bill of Rights Act (POBRA), as it would during an internal, administrative, investigation. On December […]