Vol. 28 No. 15 – Warrantless Seizure Was Lawful, Warrantless Search Was Not.

WARRANTLESS SEIZURE WAS LAWFUL; WARRANTLESS SEARCH WAS NOT On June 27, 2013, the California Supreme Court, in a unanimous decision, held in the case of Robey v. Superior Court of Santa Barbara County (People), 2013 DAR 8422, that “although a container‘s mobility may constitute exigent circumstances sufficient to justify a warrantless seizure, it cannot alone justify […]

Vol. 28 No. 13 – Peaceful Labor Picketers Cannot Be Removed From Private Property By Police Unless the Picketers’ Activity Includes Unlawful Conduct

PEACEFUL LABOR PICKETERS CANNOT BE REMOVED FROM PRIVATE PROPERTY BY POLICE UNLESS THE PICKETERS’ ACTIVITY INCLUDES UNLAWFUL CONDUCT In 2012, the California Supreme Court, in Ralphs Grocery Co. v. United Food & Commercial Workers Union Local 8, 55 Cal. 4th 1083, upheld the constitutionality of two state laws that protect a union’s right to peacefully […]

Vol. 28 No. 10 – California Supreme Court Rules Cities/Counties Can Ban Dispensaries

CALIFORNIA SUPREME COURT RULES CITIES/COUNTIES CAN BAN DISPENSARIES On May 5, 2013, the California Supreme Court put to rest a controversy raging around the scope of the Compassionate Use Act, Cal. Health & Saf. Code § 11362.5 (the “CUA”), and the Medical Marijuana Program Act, Cal. Health & Saf. Code § 11362.7 et seq. (the “MMP”).[1] […]

Vol. 28 No. 9 – Pending California Legislation Which Will Reduce Law Enforcement Accountability

PENDING CALIFORNIA LEGISLATION WHICH WILL REDUCE LAW ENFORCEMENT ACCOUNTABILITY In 2000, the International Association of Chiefs of Police (IACP) issued a publication regarding, among other things, police accountability.  In discussing accountability, the publication stated that, “(a)ccountability is built and maintained through diligent attention to many facets of the police enterprise, ranging from entry-level selection practices, to ethics and […]