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 […]
Vol. 28 No. 16 – Names of UC Davis Officers Involved in Pepper Spray Case Are Subject to Disclosure
NAMES OF UC DAVIS OFFICERS INVOLVED IN PEPPER SPRAY CASE ARE SUBJECT TO DISCLOSURE On July 23, 2013, the First Appellate District of the California Court of Appeal held, in the case of The Federated University Police Officers’ Association v. Superior Court of Alameda County (LA Times Communications, et al.), that the names of the […]
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 […]