Vol. 28 No. 19 – Officer’s Report of the Use of Excessive Force May Be Protected by the First Amendment
OFFICER’S REPORT OF THE USE OF EXCESSIVE FORCE MAY BE PROTECTED BY THE FIRST AMENDMENT On August 22, 2013, the Ninth Circuit U.S. Court of Appeals, in a unanimous en banc decision (11-0), reversed a decision by a district court judge and a three judge panel ruling. In Dahlia v. Rodriguez, et al, the en […]
Vol. 28 No. 8 – Taking Blood From a DUI Suspect Will Usually Require Consent or a Warrant
TAKING BLOOD FROM A DUI SUSPECT WILL USUALLY REQUIRE CONSENT OR A WARRANT On April 17, 2013, the United States Supreme Court ruled 8 – 1, in the case of Missouri v. McNeely, that “the natural metabolization of alcohol in the bloodstream [does not present] aper se exigency that justifies an exception to the Fourth Amendment’s […]
Vol. 25 No. 12- Supreme Court Rules That A City’s Ban On Handguns Is Unconstitutional
SUPREME COURT RULES THAT A CITY’S BAN ON HANDGUNS IS UNCONSTITUTIONAL June 28, 2010 In a landmark, but not unexpected, decision, the United States Supreme Court, in McDonald v. City of Chicago, ruled 5-4 that individuals have a constitutional right to own guns and that cities and states cannot ban such ownership. The Court held […]
Vol. 25 No. 1- No Limit On Amount Of Medical Marijuana A Qualified Patient Can Possess
NO LIMIT ON AMOUNT OF MEDICAL MARIJUANA A QUALIFIED PATIENT CAN POSSESS Janurary 21, 2010 In a unanimous decision on January 21, 2010, the California Supreme Court, in the case ofPeople v. Kelly, basically eliminated restrictions on the amount of marijuana a qualified patient can possess. The Court ruled that “the decision of the Court […]
California Peace Officer- The Dishonest Officer: Still Being Debated
Vol. 24 No. 28- Use Of Taser Is “Zapped”
USE OF TASER IS “ZAPPED” December 29, 2009 On December 28, 2009, a unanimous Ninth Circuit U.S. Court of Appeals restricted when and under what circumstances Electronic Control Devices (ECD) can be used. In the case of Bryan v. McPherson; Coronado Police Department; City of Coronado, the Court ruled that in order to deploy an […]
Vol. 24 No. 27- Court Rules That Felons Must Be Told, Specifically, Which Body Armor They Are Prohibited From Possessing
COURT RULES THAT FELONS MUST BE TOLD, SPECIFICALLY, WHICH BODY ARMOR THEY ARE PROHIBITED FROM POSSESSING December 23, 2009 On December 17, 2009, in the case of People v. Saleem, 2009 Cal App LEXIS 2011, in a 2-1 vote, the California Court of Appeal, Second Appellate District, held that Penal Code sec. 12370 was “void for vagueness because it […]
Vol. 24 No. 26 – Limitations On Public Employee’s Freedom Of Speech
LIMITATIONS ON PUBLIC EMPLOYEE’S FREEDOM OF SPEECH” December 23, 2009 The “right” of public sector employees to speak out on work-related issues does not, necessarily, have the protection of the First Amendment. Normally, one is permitted to express his or her opinion about government, its operations and its employees. It is considered protected speech when […]
Vol. 24 No. 25 – “Social Networks” And Use By Law Enforcement
“SOCIAL NETWORKS” AND USE BY LAW ENFORCEMENT December 21, 2009 A recent flurry of activity has been initiated regarding the manner in which law enforcement utilizes various “social networks” in its investigative activities. It has, apparently, been spearheaded by the Samuelson Law, Technology & Public Policy Clinic (“Clinic”) of the University of California, Berkeley School of Law. There have been […]
Vol. 24 No. 24- New law permits issuance of search warrant to enter home to seize firearms after taking “5150” into protective custody outside the Home
NEW LAW PERMITS ISSUANCE OF SEARCH WARRANT TO ENTER HOME TO SEIZE FIREARMS AFTER TAKING “5150” INTO PROTECTIVE CUSTODY OUTSIDE THE HOME December 18, 2009 In response to the ruling in People v. Sweig, 167 Cal. App. 4th 1145 (Cal. App. 3d Dist. 2008), Sacramento has passed AB 532, effective January 1, 2010. Sweig held […]