Vol. 24 No. 15- U. S. Supreme court relaxes rules on police interrogations without counsel
U. S. SUPREME COURT RELAXES RULES ON POLICE INTERROGATIONS WITHOUT COUNSEL June 16, 2009 The United States Supreme Court, in a 5 – 4 decision, in Montejo v. Louisiana, 173 L. Ed. 2d 955 (U.S. May 26, 2009) made it easier for police to interrogate a criminal suspect after an arraignment, without the presence of […]
Vol. 24 No. 14- U. S. SUPREME COURT REJECTS CHALLENGE TO PROP 215
U. S. SUPREME COURT REJECTS CHALLENGE TO PROP 215 May 19, 2009 The United States Supreme Court refused to hear the constitutional challenge, lodged by the counties of San Diego and San Bernardino, to Proposition 215. Both counties, in a unified action, sued the state of California claiming that, among other things, the requirement in SB […]
Vol. 24 No. 13 – Getting Paid For Getting Dressed – Current Status
“GETTING PAID FOR GETTING DRESSED”- CURRENT STATUS May 15, 2009 The debate over whether law enforcement officers are entitled to be compensated for getting dressed has been on-going for several years. In 2003, the Ninth Circuit U.S. Court of Appeals ruled in the case of Alvarez v. IBP, Inc., 339 F. 3d 894, that production […]
Vol. 24 No. 2-The Duty To Train Officers Is Unaffected By The Lack Of Reimbursement Sources
THE DUTY TO TRAIN OFFICERS IS UNAFFECTED BY THE LACK OF REIMBURSEMENT SOURCES January 28, 2009 We have been asked to re-issue the following Client Alert Memo which we first published in 2003. It addresses the on-going obligation to provide training to law enforcement officers even when there is a cut back in training funds. At […]
Vol. 25 No. 13- District Attorneys Demand Officers’ Dates Of Birth
DISTRICT ATTORNEYS DEMAND OFFICERS’ DATES OF BIRTH July 28, 2010 Law enforcement agencies have recently been contacted by various county district attorneys, demanding the dates of birth of all their officers so the D.A. can “run” them to determine if they have any criminal convictions. In most cases, the D.A.’s have stated that such action […]
Vol. 26 No. 28 – Cities Win Right To Ban Dispensaries
CITIES WIN RIGHT TO BAN DISPENSARIES Several significant state court decisions have been issued by the California Courts of Appeal over the past few weeks dealing with the issues of medical marijuana. On October 4, 2011, the Second District Court of Appeal ruled, in the case of Pack v. Superior Court of Los Angeles County […]
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 […]