Vol. 29 No. 7 – TAKING DNA FROM ALL PERSONS ARRESTED FOR FELONIES IS UPHELD BY NINTH CIRCUIT
TAKING DNA FROM ALL PERSONS ARRESTED FOR FELONIES IS UPHELD BY NINTH CIRCUIT On March 20, 2014, the Ninth Circuit U.S. Court of Appeals, in a unanimous en banc opinion (11 justices), rejected a challenge to California’s Proposition 69, which allows the collection of DNA from all arrested persons charged with felonies. In the case of […]
Vol. 29 No.8 – CalPERS Sends “Scary” Letter to Retired Annuitants
CalPERS Sends “Scary” Letter to Retired Annuitants On March 17, 2014, an article appeared in the Los Angeles Daily Journal about Circular Letter No. 200-002-14, dated January 14, 2014, sent by CalPERS to 5,800 retired state employees who collect a pension and work for the state. According to the article, the 5,800 annuitants earn approximately […]
Vol. 29 No. 9 – COMMUNICATIONS ON PRIVATE CELL PHONES NOT SUBJECT TO CPRA DISCLOSURE
COMMUNICATIONS ON PRIVATE CELL PHONES NOT SUBJECT TO CPRA DISCLOSURE On March 27, 2014, the California Court of Appeal, Sixth Appellate District, overturned a summary judgment ruling in the case of City of San Jose v. Superior Court (Smith), which had granted declaratory relief to Smith. The Court also ordered summary judgment to be granted to […]
Vol. 29 No. 16 California Supreme Court Rejects Challenge to Red Light Cameras
CALIFORNIA SUPREME COURT REJECTS CHALLENGE TO RED LIGHT CAMERAS In the case of People v. Carmen Goldsmith, (Case Number S201443 (June 5, 2014)), the California Supreme Court unanimously upheld use of “red light cameras” and rejected a motorist’s demand for testimony from the camera’s manufacturer. History Pursuant to Vehicle Code section 21455.5, local governmental agencies are […]
Vol. 29 No. 15 – CALIFORNIA SUPREME COURT UPHOLDS DISCLOSURE OF OFFICERS’ NAMES
CALIFORNIA SUPREME COURT UPHOLDS DISCLOSURE OF OFFICERS’ NAMES Acting in the case of Long Beach Police Officers Association v. City of Long Beach (2014 Cal. LEXIS 3757 (May 29, 2014)), the California Supreme Court, on a 6-1 vote, has held that the public interest in disclosure of the names of officers in an OIS will, […]
Vol. 29 No. 14 – SECRET SERVICE AGENTS ENTITLED TO QUALIFIED IMMUNITY FOR RELOCATING PROTESTERS GREATER DISTANCE FROM PRESIDENT THAN SUPPORTERS AFTER UNPLANNED STOP OF MOTORCADE CREATED SECURITY RISK
SECRET SERVICE AGENTS ARE ENTITLED TO QUALIFIED IMMUNITY FOR RELOCATING PROTESTERS A GREATER DISTANCE FROM THE PRESIDENT THAN SUPPORTERS AFTER UNPLANNED STOP OF MOTORCADE CREATED SECURITY RISK ONLY FROM PROTESTERS. On May 27, 2014, the United States Supreme Court held, in the case of Wood v. Moss, that Secret Service agents were entitled to qualified […]
Vol. 29 No. 13 – Police Officers Who Shot at Driver of Fleeing Vehicle to End Dangerous Vehicle Pursuit Did Not Violate the Fourth Amendment and Entitled to Qualified Immunity for their Actions
POLICE OFFICERS WHO SHOT AT THE DRIVER OF A FLEEING VEHICLE TO END A DANGEROUS VEHICLE PURSUIT DID NOT VIOLATE THE FOURTH AMENDMENT AND WERE ALSO ENTITLED TO QUALIFIED IMMUNITY FOR THEIR ACTIONS On May 27, 2014, the United States Supreme Court issued an opinion entitled Plumhoff v. Rickard, in which the Court held that […]
Vol. 29 No. 12 – ANONYMOUS TIP MAY PROVIDE REASONABLE SUSPICION FOR INVESTIGATIVE STOP
ANONYMOUS TIP MAY PROVIDE REASONABLE SUSPICION FOR INVESTIGATIVE STOP On April 22, 2014, the United States Supreme Court affirmed the judgment of the California Court of Appeal, in Navarette v. California, which held that an anonymous tip can, under certain circumstances, provide an officer with reasonable suspicion to make an investigative stop. Appellants/Defendants Lorenzo and Jose […]
Jones & Mayer selected as City Attorney for Bishop, CA
Jones & Mayer selected as City Attorney for Bishop, CA On May 1, 2014, attorney Ryan Jones with Jones & Mayer was selected as the City Attorney for Bishop, California. Dean Pucci, also of Jones & Mayer, will serve as the Deputy City Attorney. The Bishop City Council voted unanimously to hire Jones & Mayer to […]
CPOA Magazine Article – Double Jeopardy in Employment Discipline
DOUBLE JEOPARDY IN EMPLOYMENT DISCIPLINE By Martin J. Mayer Published by CPOA in “California Peace Officer” on April 15, 2014 In December, 2013, the United States Court of Appeals for the Federal Circuit ruled, in Nguyen v. Department of Homeland Security, 737 F.3d 711, that it is not “double punishment” to impose discipline for misconduct and […]