Termination Upheld for Officer’s Racist Comment on Social Media
Senior Associate Paul Coble recently prevailed on behalf of a Bay Area police department in the termination of a police officer for placing a racist comment on his social media site. The officer had received an inquiry from a former colleague about whether he was still with the Department and how he was doing. The […]
Termination Upheld for Officer Making “Straw Purchase” of a Restricted Firearm
Senior Associate Paul Coble successfully represented a Northern California police department in the termination of an officer for having joined with a gun shop employee in what is known as a “straw purchase” of a firearm restricted for sale only to law enforcement. The gun shop employee had asked the officer to complete the necessary […]
CSSA Magazine Article – U.S. Supreme Court Rules In Favor Of Drug Sniffing Police Dogs
U.S. SUPREME COURT RULES IN FAVOR OF DRUG SNIFFING POLICE DOGS By: Martin J. Mayer, General Counsel California Peace Officers’ Association The United States Supreme Court, on February 19, 2013, in the case of Florida v. Harris, unanimously held that it was not unreasonable for an officer to search a vehicle after his drug sniffing […]
Vol. 28 No. 4 – Peace Officers Who Resign Or Are Terminated Do Not Qualify As “Honorably Retired” Peace Officers For Purposes Of Obtaining A Concealed Weapons Permit.
Peace Officers Who Resign Or Are Terminated Do Not Qualify As “Honorably Retired” Peace Officers For Purposes Of Obtaining A Concealed Weapons Permit. On February 28, 2013 the Third Appellate District of the California Court of Appeal, in Gore v. Yolo County District Attorney’s Office, held that “honorably retired” peace officers only refers to those […]
City Successfully Defended Against CEQA Challenge by Partner Kimberly Hall Barlow and Senior Associate Krista MacNevin Jee
Creed-21 v. City of Upland, et al., San Bernardino County Superior Court Case No. CIV RS 1207646 Jones & Mayer successfully challenged an action against the City of Upland relating to its approval of tenant improvement plans for a neighborhood Wal-Mart, which involved small modifications to an existing shopping center and was found to be […]
Associate Chris Neumeyer Obtains Restraining Orders against Individuals Harassing Public Employees
Fire Department Protected With Stay Away Order An individual with a history of confrontation with police was repeatedly harassing members of a city fire department. He confronted a fire engineer at a station house with verbal abuse, used an emergency phone outside of a station house to swear at fire department employees, and flagged down […]
Vol. 28 No. 3 – Secure Communities Program: Mandatory or Optional?
SECURE COMMUNITIES PROGRAM: MANDATORY OR OPTIONAL? The Tenth Amendment to the U. S. Constitution states that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” When deciding whether or not a federal law is binding on […]
Vol. 27 No. 16 – Court Orders Board to Provide Independent Legal Counsel to Sheriff.
COURT ORDERS BOARD TO PROVIDE INDEPENDENT LEGAL COUNSEL TO SHERIFF We are very pleased to report that a Superior Court Judge, sitting by assignment from another county,[1] has ordered the Lake County Board of Supervisors to pay for independent legal counsel for Sheriff Frank Rivero to assist him in an official matter in which the County […]
Vol. 27 No. 15 – Qualified Immunity Denied When Force Is Used Against Non-Threatening Persons
QUALIFIED IMMUNITY DENIED WHEN FORCE IS USED AGAINST NON-THREATENING PERSONS On July 11, 2012, the Ninth Circuit U.S. Court of Appeals upheld the denial of qualified immunity for police officers who fired pepperballs into a crowd of partygoers who posed no threat to them. In the case of Nelson v. City of Davis, 2012 DAR […]
CSSA Magazine Article – Recent Cases Impose New Burdens on Law Enforcement
RECENT CASES IMPOSE NEW BURDENS ON LAW ENFORCEMENT By: Martin J. Mayer, General Counsel California State Sheriffs’ Association Two recent court decisions, one from the federal District Court and one from the California Court of Appeal have imposed new burdens and/or responsibilities on law enforcement management. The federal court has mandated that the California Department of […]