Vol. 27 No. 9 – Strip Searches Permitted For All Persons Going Into General Jail Population
STRIP SEARCHES PERMITTED FOR ALL PERSONS GOING INTO THE GENERAL JAIL POPULATION On April 2, 2012, the United States Supreme Court ruled, in a 5-4 decision, that visual body searches of arrestees being placed in the general jail population are constitutional, regardless of the nature of the underlying offense. In the case of Florence v. Board of […]
CSSA Magazine Article – Determining If An Employee Is Fit Or Not Fit For Duty — What Are The Issues?
DETERMINING IF AN EMPLOYEE IS FIT OR NOT FIT FOR DUTY – WHAT ARE THE ISSUES? By: Martin J. Mayer, General Counsel California State Sheriffs’ Association California Government Code Section 1031 states, in part, that “(e)ach class of public officers or employees declared by law to be peace officers shall meet all of the following […]
CSSA Magazine Article – What Are “Reasonable Accomodations” for a Peace Officer with a Disability?
WHAT ARE “REASONABLE ACCOMMODATIONS” FOR A PEACE OFFICER WITH A DISABILITY? By Martin J. Mayer, General Counsel California State Sheriffs’ Association California’s Fair Employment and Housing Act (FEHA), Gov. Code §12940 states, in part, that: “It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable […]
Vol. 29, No. 17 Supreme Court Denies Review on California Prison Case
U.S. SUPREME COURT DENIES REVIEW ON CALIFORNIA PRISON CASE On June 9, 2014, the U.S. Supreme Court denied California’s petition for review of the decision in Armstrong v. Brown, which had held that California’s prison officials failed to monitor and protect former inmates who were returned to county jails instead of state prisons for parole […]
Vol. 29 No. 6 – CCW PERMITS, THE NINTH CIRCUIT RULING, AND CONFUSION
CCW PERMITS, THE NINTH CIRCUIT RULING, AND CONFUSION On February 13, 2014, a three judge panel of the Ninth Circuit U.S. Court of Appeals, in the case of Peruta, et al. v. County of San Diego and William D. Gore, Sheriff, ruled 2 -1 that “San Diego County’s ‘good cause’ permitting requirement [to issue a […]
Vol. 29 No. 5 – Ninth Circuit Invalidates California’s “Good Cause” Requirement for Issuance of CCW
NINTH CIRCUIT INVALIDATES CALIFORNIA’S “GOOD CAUSE” REQUIREMENT FOR ISSUANCE OF CCW PERMIT On February 13, 2014, in the case of Peruta, et al v. County of San Diego, et al., the Ninth Circuit U. S. Court of Appeals, in a 2-1 decision, invalidated California’s requirement that CCW applicants show “good cause” to be granted a concealed […]
Vol. 29 No. 4 – Legislation Proposes Representation For Peace Officers Who Are Witnesses
LEGISLATION PROPOSES REPRESENTATION FOR PEACE OFFICERS WHO ARE WITNESSES As of January 30, 2014, Senate Bill 388, proposed by State Senator Ted Lieu (Torrance), has passed the Senate and is in the Assembly for consideration. SB 388 would create a right of representation for an officer who is not the subject of any investigation, but […]
Vol. 29 No. 3 – OC Ordinance Restricting Sex Offenders From Entering Parks Preempted by State law
ORDINANCES RESTRICTING SEX OFFENDERS FROM ENTERING PARKS ARE PREEMPTED BY STATE LAW On January 10, 2014, the 4th District Court of Appeal, Division Three, ruledunanimously, in an unpublished opinion, People v. Godinez, that California’s “statutory scheme imposing restrictions on a sex offender’s daily life fully occupies the field and therefore preempts [Orange] county’s efforts to […]
Vol. 29 No. 2 – Ninth Circut Rules That Cities Cannot Compel Motels To Provide Guest Information Without Consent Or A Warrant
NINTH CIRCUIT RULES THAT CITIES CANNOT COMPEL MOTELS TO PROVIDE GUEST INFORMATION WITHOUT CONSENT OR A WARRANT On December 24, 2013, an en banc panel of the Ninth Circuit U.S. Court of Appeals, in Patel v. City of Los Angeles, ruled that an L.A. Municipal Code section which allows police officers to inspect hotel guest […]
Vol. 29 No. 1 – Federal Court Rules That A Warrantless Breathalyzer Test Of An Officer After An “OIS” Is Lawful
FEDERAL COURT RULES THAT A WARRANTLESS BREATHALYZER TEST OF AN OFFICER AFTER AN “OIS” IS LAWFUL On November 15, 2013, the Second Circuit U.S. Court of Appeals ruled, inLynch v. City of New York, that the New York Police Department’s (NYPD) policy of administering a warrantless breathalyzer test to any officer who discharges a firearm, resulting […]