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. 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. 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 […]