Vol. 16 No. 8- Counseling Memo Can Trigger Full Blown Hearing
CLIENT ALERT MEMORANDUM September 20, 2001 To: All Police Chiefs and Sheriffs From: Martin J. Mayer COUNSELING MEMO CAN TRIGGER FULL BLOWN HEARING Recently the California Court of Appeal, Second District, ruled in the case of Otto v. Los Angeles Unified School District, 89 Cal.App. 4th 985, that a written memorandum which documents a counseling […]
Vol. 16 No. 4- Critical Incident Protocol
CLIENT ALERT MEMORANDUM May 15, 2001 To: All Police Chiefs and Sheriffs From: Martin J. Mayer CRITICAL INCIDENT PROTOCOL Recently quite a few of our clients have forwarded copies of letters they received from a PORAC law firm in northern California. The thrust of the letter is that the firm has adopted what appears to […]
Vol. 16 No. 5- Use Force Of Warning
CLIENT ALERT MEMORANDUM May 15, 2001 To: All Police Chiefs and Sheriffs From: Martin J. Mayer USE OF FORCE WARNING Recently a Los Angels law firm sent a memo, apparently to all chiefs and sheriffs in the state, regarding the holding in the case of Deorle v. Rutherford 242 F3d 1119 (3/16/01). The receipt of […]
Vol. 16 No. 1- Destruction of Internal Affairs Files
February 7, 2001 ATTORNEY GENERAL OPINION: 99-1103 On November 17, 2001, the Attorney General issued an opinion regarding whether a public high school can implement a policy requiring an unannounced, random and neutral basis canine search where students would be required to leave their belongings to be sniff-searched. If the canine alerts to the presence […]
Vol. 15 No. 10- Disclosure Of Complaints More Than Five Years Old May Be Required
CLIENT ALERT MEMORANDUM November 15, 2000 To: All Police Chiefs and Sheriffs From: Paul R. Coble DISCLOSURE OF COMPLAINTS MORE THAN FIVE YEARS OLD MAY BE REQUIRED In the case of City of Los Angeles v. Superior Court (Brandon), 2000 D.A.R. 11767 (2nd District, November 2, 2000), the Court of Appeal held that disclosure, pursuant […]
Vol. 15 No. 9- Re: Labor Code Section 96(K)
CLIENT ALERT MEMORANDUM October 25, 2000 To: All Police Chiefs and Sheriffs From: Martin J. Mayer Re: LABOR CODE SECTION 96(k) We are pleased to inform you that on October 10, 2000, the Office of the Attorney General issued an official opinion regarding the recent amendment to Labor Code Section 96 (A.G. Opinion No. 00-303). […]
Vol. 15 No. 8- Public Records Act Demand Regarding Guns
CLIENT ALERT MEMORANDUM October 18, 2000 To: All Police Chiefs and Sheriffs From: Martin J. Mayer and Cynthia W. Blaylock PUBLIC RECORDS ACT DEMAND REGARDING GUNS URGENT!!! URGENT!!! URGENT!!! Many of our clients recently received a California Public Records Act (CPRA) demand from the law firm of Trutanich & Michel, LLP. The request asks for […]
Vol. 15 No. 7- Penal Code Section 135.5
CLIENT ALERT MEMORANDUM August 3, 2000 To: All Police Chiefs and Sheriffs From: Martin J. Mayer PENAL CODE SECTION 135.5 In late 1998 the legislature passed Senate Bill 1600, on an urgency basis, and added Section 135.5 to the Penal Code stating that: “Any person who knowingly alters, tampers with, conceals, or destroys relevant evidence […]
Vol. 15 No. 6- Questioning “Outside” Miranda
CLIENT ALERT MEMORANDUM June 30, 2000 To: All Police Chiefs and Sheriffs From: Martin J. Mayer QUESTIONING “OUTSIDE” MIRANDA On November 17, 1999, this office issued a Client Alert Memorandum regarding a decision by the United States Court of Appeal (9th Circuit) entitled California Attorneys for Criminal Justice, et al. v. Butts, et al. In […]
Vol. 14 No. 12- Current Status of Megan’s Law
CLIENT ALERT MEMORANDUM October 18, 1999 To: All Police Chiefs and Sheriffs From: Martin J. Mayer CURRENT STATUS OF MEGAN’S LAW Attached please find an article from the October, 1999 edition of the California Lawyer, the official publication of the California State Bar Association. The article addresses the implementation of Megan’s Law, primarily in the […]