Vol. 28 No. 1 – All Peace Officers Need To Be Able To Perform Emergency Field Duties
ALL PEACE OFFICERS NEED TO BE ABLE TO PERFORM EMERGENCY FIELD DUTIES On December 11, 2012, the California 1st District Court of Appeal held, in the case of Lui v. City and County of San Francisco, 2012 Cal. App. LEXIS 1248, that it may not be discriminatory to terminate a peace officer who cannot perform all the […]
CSSA Magazine Article – When Is Government Seizure of Personal Property and/or Restricting Speech Unconstitutional?
WHEN IS GOVERNMENT SEIZURE OF PERSONAL PROPERTY AND/OR RESTRICTING SPEECH UNCONSTITUTIONAL? By: Martin J. Mayer, General Counsel California State Sheriffs’ Association Several recent court decisions involving law enforcement activity are extremely significant and require law enforcement agencies to address the issues before the situations arise. These involve constitutional rights of freedom from unreasonable seizures and/or […]
Vol. 27 No. 23 – Federal Appellate Court Voids Illinois’ Ban On Concealed Weapons
FEDERAL APPELLATE COURT VOIDS ILLINOIS’ BAN ON CONCEALED WEAPONS On December 12, 2012, the Seventh Circuit U.S. Court of Appeals ruled, in Moore et al. v. Madigan (which consolidated two cases for oral argument) that the total ban on carrying concealed weapons, in public, is unconstitutional. The State of Illinois had a law which prohibited virtually […]
Vol. 27 No. 22 – Hot Pursuit of Misdemeanants and Warranteless Entry Into A Home and/or Its Curtilage
HOT PURSUIT OF MISDEMEANANTS AND WARRANTLESS ENTRY INTO A HOME AND/OR ITS CURTILAGE On December 3, 2012, the Ninth Circuit U.S. Court of Appeals held, in Sims v. Stanton, 2012 U.S. App. Lexis 24803 (9th Cir. Cal.), that the hot pursuit exception to the warrant requirement to enter a home, generally requires the fleeing suspect […]
Vol. 27. No. 21 — Controlling Disruptive Behavior At Public Meetings
CONTROLLING DISRUPTIVE BEHAVIOR AT PUBLIC MEETINGS Two recent cases have addressed what cities or counties can do when a person becomes “disruptive” at a city council or board of supervisors meeting. Both decisions have an impact on efforts by local legislative bodies to control disruptive behavior at public meetings, and how law enforcement can respond to […]
Vol. 27 No. 20 – California Attorney General Says Compliance With “ICE” Detainers Is Optional
CALIFORNIA ATTORNEY GENERAL SAYS COMPLIANCE WITH “ICE” DETAINERS IS OPTIONAL Concerns regarding whether local law enforcement has a duty to cooperate with the federal government, and detain arrestees when Immigration and Customs Enforcement (ICE) issues an immigration “hold,” was addressed by the California Department of Justice (CalDOJ) yesterday, December 4, 2012, in an Information Bulletin issued […]
Vol. 27 No. 19 – U.S. Supreme Court to Decide DNA Case
U.S. SUPREME COURT TO DECIDE DNA CASE On November 10, 2012, the U.S. Supreme Court accepted the case of Maryland v. King for review. At issue is the question of whether it is constitutional for states and the federal government to require that persons arrested on felony charges provide a DNA sample immediately after arrest? […]
Vol. 27 No. 18 – Use Of “Pitchess” Motions In Administrative Disciplinary Appeals Is Permitted
USE OF “PITCHESS” MOTIONS IN ADMINISTRATIVE DISCIPLINARY APPEALS IS PERMITTED Contrary to what had been believed to be established law, the California Court of Appeal ruled that a hearing officer, in an administrative appeal of discipline of a correctional officer, “has the authority to grant a Pitchess motion.” On September 28, 2012, the 4th Appellate District […]
Vol. 27 No. 17 – Personal Properly Left On A Sidewalk Unattended – Is It Abandoned?
PERSONAL PROPERTY LEFT ON A SIDEWALK UNATTENDED – IS IT ABANDONED? On September 5, 2012, the Ninth Circuit U.S. Court of Appeals ruled that the City of Los Angeles violated the Fourth Amendment rights of homeless persons when they seized “unabandoned property” and destroyed it. In the case of Levan et. al. v. City of […]
Vol. 28 No. 2 – California Supreme Court Hears Arguments Regarding Marijuana Dispensaries
CALIFORNIA SUPREME COURT HEARS ARGUMENTS REGARDING MARIJUANA DISPENSARIES The conflicting opinions from various California Courts of Appeal, regarding the authority of cities and counties to ban medical marijuana dispensaries, will, hopefully, be put to rest shortly. On February 5, 2013, the California Supreme Court heard oral argument in the case of the City of Riverside v. Inland […]