Vol. 18 No. 22- Darvish V. City Of Inglewood
To: All Police Chiefs and Sheriffs From: Martin J. Mayer DARVISH V. CITY OF INGLEWOOD December 30, 2003 The California Court of Appeal, Second Appellate District, ruled on December 29. 2003, in Darvish v. City of Inglewood, that the City violated no provisions of the Public Safety Officers Procedural Bill of Rights Act (POBOR) in […]
Vol. 18 No. 21- Representation Of Personnel Boards
To: All Police Chiefs and Sheriffs From: Martin J. Mayer REPRESENTATION OF PERSONNEL BOARDS December 26, 2003 An assistant city attorney who has, frequently, provided legal advice and guidance to a personnel board, civil service commission, etc., in the past, cannot serve as an advocate for a party (e.g. police department) in an adversarial proceeding […]
Vol. 18 No. 20- Upland Poa V. City Of Upland
To: All Police Chiefs and Sheriffs From: Martin J. Mayer UPLAND POA v. CITY OF UPLAND December 18, 2003 California Supreme Court Affirms: A Peace Officer’s Right to a Representative of His/Her Choice Under Cal. Gov’t Code § 3303(i) Must be Reasonable We are most pleased to inform you that, on December 18, 2003, the […]
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% […]