Vol. 18 No. 19- IA Investigations: One-Year Statute Of Limitations
To: All Police Chiefs and Sheriffs From: Martin J. Mayer IA INVESTIGATIONS: ONE-YEAR STATUTE OF LIMITATIONS November 24, 2003 Approximately six years ago, the Peace Officers Procedural Bill of Rights Act (G.C. § 3300-3312) was amended to create a one-year statute of limitations for the completion of an investigation and notification to an employee of […]
Vol. 18 No. 18- Parolee Searches
To: All Police Chiefs and Sheriffs From: Martin J. Mayer PAROLEE SEARCHES November 17, 2003 As you will recall, the Ninth Circuit U.S. Court of Appeals, in U.S. v. Crawford, 343 Fed 3d 961 (2003), held that law enforcement could not search a parolee without “reasonable suspicion” to believe a crime was occurring, or had […]
Vol. 19 No. 5- Parolee Searches: Status Report
PAROLEE SEARCHES: June 1, 2004 STATUS REPORT Last year, the 9th Circuit U.S. Court of Appeal held, in the case of United States v. Crawford, 343 F. 3d 961 (2003), that law enforcement could not search a parolee (or a probationer) without “reasonable suspicion” to believe that a crime was occurring, or had occurred, involving […]
Vol. 19 No. 6- U.S. V. Crawford – Parolee Searches
U.S. v. CRAWFORD June 24, 2004 PAROLEE SEARCHES The long awaited decision from the Ninth Circuit “en banc” court has finally been published. As you will recall, the Ninth Circuit originally determined that a parolee’s waiver of rights under the Fourth Amendment (the “Fourth waiver”), was unconstitutional. In September, 2003 the court voted to re-hear the case […]
Vol. 19 No. 7- Medical Marijuana Distribution Centers
MEDICAL MARIJUANA DISTRIBUTION CENTERS June 28, 2004 As the law currently stands, California permits the establishment of dispensaries where people can secure marijuana for medicinal purposes. It is imperative that all communities, within their zoning ordinance, address these types of commercial properties. Although the law is still evolving in the conflict between federal and state […]
Vol. 19 No. 16- Sex Tapes, Police Officers & The First Amendment
SEX TAPES, POLICE OFFICERS & THE FIRST AMENDMENT December 6, 2004 Sometimes, just sometimes, decisions by the courts make sense. In February of this year (see Client Alert Vol. 19, No. 1, Feb.6, 2004), we informed you that the Ninth Circuit U.S. Court of Appeal ruled that San Diego P.D. could not fire an officer “for […]
Vol. 19 No. 15- Term Limits And The County Sheriff
TERM LIMITS AND THE COUNTY SHERIFF November 19, 2004 In March, 2002, the Los Angeles County Board of Supervisors placed an initiative before the public to establish term limits on the offices of the Board members themselves, as well as the Sheriff, District Attorney and Assessor. The public approved the measure by a vote of 61% […]
Vol. 19 No. 14- HR 218 – CURRENT INFORMATION
HR 218 – CURRENT INFORMATION September 14, 2004 The volume of calls and e-mails has not let up regarding the implementation of the Law Enforcement Officers Safety Act of 2004 (HR 218) and how it impacts on current and retired California law enforcement officers. For prior information see Client Alert Memos on our web site […]
Vol. 19 No. 13- Revisions To Federal Overtime And Minimum Wage Regulations
REVISIONS TO FEDERAL OVERTIME AND MINIMUM WAGE REGULATIONS August 16, 2004 Recently, one of our clients brought to our attention a flyer it received by fax, stating that the U.S. Department of Labor had revised the federal overtime law and that August 23, 2004, was the deadline to comply with the new regulations. The flyer […]
Vol. 19 No. 12- Hr 218 – Law Enforcement Officers Safety Act Of 2004
HR 218 – LAW ENFORCEMENT OFFICERS SAFETY ACT OF 2004 August 13, 2004 As a result of the Client Alert Memo we issued recently, regarding the implementation of this Act, we have been overwhelmed by phone calls and e-mails with various questions. Unfortunately, there are few answers. Examples of issues raised include, among others, (1) […]