Vol. 28 No. 17 – An Unpaid Volunteer Is Not an Employee for Purposes of Discrimination Claim
AN UNPAID VOLUNTEER IS NOT AN EMPLOYEE FOR PURPOSES OF DISCRIMINATION CLAIM On July 24, 2013, the California Court of Appeal, 2d Appellate District, ruled in Estrada v. City of Los Angeles, 2013 DAR 9621, that a reserve police officer, who serves without compensation, may not sue a city for disability discrimination under the Fair Employment […]
Vol. 28 No. 18 – Marijuana Which “Exceeds Reasonable Amount Needed for Personal Medical Use” Can Be Destroyed
MARIJUANA WHICH “EXCEEDS REASONABLE AMOUNT NEEDED FOR PERSONAL MEDICAL PURPOSES” CAN BE DESTROYED On June 28, 2013, the California Court of Appeal, First Appellate District, held in the case ofLittlefield v. County of Humboldt, that law enforcement can destroy marijuana when it can be shown that the arrestee did “not posses [the] marijuana for his […]
Vol. 28 No. 24 – Federal Court of Appeals Delays Ban On New York’s “Stop and Frisk” Law
FEDERAL COURT OF APPEALS DELAYS BAN ON NEW YORK’S “STOP AND FRISK” LAW On October 31, 2013, in an unprecedented move, the 2nd Circuit U.S. Court of Appeals granted New York City’s motion to stay a district court’s decision, restricting the use of the City’s stop and frisk policy, until the 2nd Circuit hears the City’s […]
Vol. 28 No. 23 – New Law Limits Employer Agency’s Actions If D.A. Declares An Officer Is A “Brady” Officer
NEW LAW LIMITS EMPLOYER AGENCY’S ACTIONS IF D.A. DECLARES AN OFFICER IS A “BRADY” OFFICER Senate Bill 313, authored by State Senator Kevin De Leon of Los Angeles, has significantly altered California law regarding what actions a police chief or sheriff can take after the county district attorney declares a peace officer to be a […]
Vol. 28 No. 22 – A Warrant Can Now Be Secured To Draw Blood From A Misdemeanor DUI Suspect
A WARRANT CAN NOW BE SECURED TO DRAW BLOOD FROM A MISDEMEANOR DUI SUSPECT On April 18, 2013, JONES & MAYER published a Client Alert Memo, Vol. 28, No. 8, regarding the U.S. Supreme Court decision which held that law enforcement must, in most cases, first secure a search warrant before drawing blood from a […]
CPOA Magazine Article – Issues Regarding Workplace Violence and California Law
By: Martin J. Mayer, General Counsel California Peace Officers’ Association Legal issues regarding potential and/or actual incidents of workplace violence is, unfortunately, something which must be of concern to all employers, whether or not they have already been confronted with such incidents. This is an area of the law which imposes duties and responsibilities on […]
CSSA Magazine Article – NYPD’s Use of Stop and Frisk Declared Unconstitutional
NYPD’s Use of Stop and Frisk Declared Unconstitutional By: Martin J. Mayer, General Counsel- California State Sheriffs’ Association On August 12, 2013, federal district court Judge Shira A. Scheindlin, in an historic ruling, found the New York City Police Department (NYPD) liable for a pattern and practice of racial profiling and unconstitutional stops and frisks. The […]
Court of Appeal Adopts Amici’s Position Regarding “Honorably Retired Peace Officers,” Advocated by Jones & Mayer, in Gore v. Yolo County
Jones & Mayer is pleased to report that the Third Appellate District of the California Court of Appeals completely supported the position taken by the firm on behalf of the California State Sheriffs’ Association, California Police Chiefs’ Association, California District Attorneys’ Association, and California Peace Officers’ Association as Amici Curiae in support of Defendants and […]
Vol. 28 No. 21 – The Feds, Medical Marijuana, and New “Guidelines”
THE FEDS, MEDICAL MARIJUANA, AND NEW “GUIDELINES” In a memo from Deputy Attorney General, James Cole to “All United States Attorneys,” dated August 29, 2013, he states that it is intended to update the “guidance” provided in 2009 and 2011 “concerning marijuana enforcement under the Controlled Substances Act (CSA).” However, the position taken by the […]
Vol. 28 No. 20 – Law Enforcement Officers May Be Liable Based On Tactics Preceding the Use of Deadly Force
LAW ENFORCEMENT OFFICERS MAY BE LIABLE BASED ON TACTICS PRECEDING THE USE OF DEADLY FORCE On August 19, 2013, the California Supreme Court held, in the case of Hayes v. County of San Diego, 2013 Cal. LEXIS 6652, that liability for negligence may arise from tactical conduct and decisions employed by law enforcement officers preceding […]