Vol 26. No. 19- DNA Samples: To Take or Not To Take, That Is The Question?
As most of you know, on August 4, 2011, the California Court of Appeal, First District, unanimously ruled in People v. Buza that “the DNA Act, to the extent it requires felony arrestees to submit a DNA sample for law enforcement analysis and inclusion in the state and federal DNA databases, without independent suspicion, a […]
Vol. 26 No. 18- Public Employees are Entitled to Pre-Disciplinary Due Process
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. PUBLIC EMPLOYEES ARE ENTITLED TO PRE-DISCIPLINARY DUE PROCESS August 9, 2011 The Ninth Circuit U.S. Court of Appeals held, in the case of Walls v. Central Contra Costa Transit Authority (CCCTA), that a permanent public sector employee must be provided […]
Vol. 26 No.17- Collecting DNA From Arrestees Is Unconstitutional
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. COLLECTING DNA FROM ARRESTEES IS UNCONSTITUTIONAL August 8, 2011 On August 4, 2011, the California Court of Appeal, First District, ruled that taking a DNA sample from all felony arrestees violated the Fourth Amendment to the Constitution and is an […]
Vol. 26 No. 16- U.S. Attorney Warns Cities Against Permitting Industrial Marijuana Cultivation Facilities
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. U.S. ATTORNEY WARNS CITIES AGAINST PERMITTING INDUSTRIAL MARIJUANA CULTIVATION FACILITIES July 26, 2011 In a letter dated July, 1, 2011, to Mayor Ann Schwab of the City of Chico, Benjamin B. Wagner, U.S. Attorney for the Eastern District of California, expressed […]
Vol. 26 No. 15- FFBOR – Applies To Chartered Cities And Counties
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. FFBOR APPLIES TO CHARTERED CITIES AND COUNTIES July 25, 2011 On May 24, 2011, the 6th District Court of Appeal held, in the case of International Association of Firefighters Local Union 230 v. City of San Jose, that the Firefighters […]
Vol. 26 No. 14- Supreme Court Rules That A Conflict Of Interest Law Is Not Unconstitutional
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. SUPREME COURT RULES THAT A CONFLICT OF INTEREST LAW IS NOT UNCONSTITUTIONAL June 14, 2011 On June 13, 2011, the United States Supreme Court held, in the case of Nevada Commission on Ethics v. Carrigan that Nevada’s Ethics in Government […]
Vol. 26 No. 13 Camreta V. Greene Vacated By U.S. Supreme Court
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. Camreta v. Greene Vacated by U.S. Supreme Court June 10, 2011 On May 26, 2011, the U.S. Supreme Court held in the case of Camreta v. Greene, that even though the Ninth Circuit U.S. Court of Appeals had granted qualified immunity […]
Vol. 26 No. 11- U.S. Supreme Court Orders Release Of Approximately 44,000 State Inmates
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. U.S. SUPREME COURT ORDERS RELEASE OF APPROXIMATELY 44,000 STATE INMATES May 23, 2011 Today, the United States Supreme Court upheld the order of a three judge federal court, in the case of Coleman/Plata v. Schwarzenegger (now Brown v. Coleman/Plata), which had […]
Vol. 26 No. 11 – Another Challenge To California’s Law On Concealed Weapon Permits
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. ANOTHER CHALLENGE TO CALIFORNIA’S LAW ON CONCEALED WEAPON PERMITS May 31, 2011 On May 13, 2011, in the case of Adam Richards et al. v. County Of Yolo and Yolo County Sheriff Ed Prieto, U. S. District Court Judge Morrison […]
Vol 26. No. 20- Court Upholds City’s Ban On Dispensaries
On August 15, 2011, the City of Anaheim was found to have the legal right to ban medical marijuana dispensaries from the city. Superior Court Judge David Chaffee ruled, in part, that “it is readily apparent that the statute [Medical Marijuana Program Act (MMPA)] does not protect mass distribution [of medical marijuana] from designation by […]