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 […]
Senior Associate Paul Coble Secures Victory for Stanislaus County District Attorney before County Appeals Board
LIEUTENANT “FORGOT” HE CALLED AN INFORMANT JUST BEFORE A RAID; TERMINATION UPHELD In a disciplinary case handled recently by Senior Associate Paul Coble for the Stanislaus County District Attorney, the termination of an investigative lieutenant was upheld by the County Appeals Board. (The hearing was made public at the request of the employee). The lieutenant […]
The Police Chief Magazine Article – Secure Communities Program – Mandatory or Optional
SECURE COMMUNITIES PROGRAM – Mandatory or Optional? By: Martin J. Mayer, General Counsel California Police Chiefs’ Association The Secure Communities (SC) program was created by Congress in 2003 to identify all those in the criminal justice system who are eligible for removal as illegal aliens. The law does not require the removal of all such […]
Vol. 28 No. 6 – U.S. Supreme Court Restricts Use of K-9 to Gather Evidence Outside Home
U.S. SUPREME COURT RESTRICTS USE OF K-9 TO GATHER EVIDENCE OUTSIDE A HOME On March 26, 2013, the United States Supreme Court ruled 5-4, in the case of State of Florida v. Jardines, that “the government’s use of trained police dogs to investigate the home and its immediate surroundings is a “search” within the meaning of […]
Vol. 28 No. 5 – The Enforcement of Federal Laws by Local Law Enforcement
THE ENFORCEMENT OF FEDERAL LAWS BY LOCAL LAW ENFORCEMENT The question currently under discussion in many jurisdictions, throughout the country, focuses on whether states and local governments can be compelled to enforce federal laws? The answer would generally appear to be “no,” but the more appropriate answer might be, “it depends.” The Tenth Amendment to […]
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 […]