Vol. 25 No. 2- Executors Of Search Warrants Beware. Ninth Circuit Declares Warrant Unconstitutionally “Overbroad” As Deputies Searched For Items Not Specifically Identified In Search Warrant
EXECUTORS OF SEARCH WARRANTS BEWARE. NINTH CIRCUIT DECLARES WARRANT UNCONSTITUTIONALLY “OVERBROAD” AS DEPUTIES SEARCHED FOR ITEMS NOT SPECIFICALLY IDENTIFIED IN SEARCH WARRANT September 16, 2010 On August 24, 2010, the United States Court of Appeals for the Ninth Circuit issued an opinion inMillender v. County of Los Angeles (07-55518) concerning the scope of search warrants. […]
Vol. 25 No. 19- Total Ban On Tattoo Parlors Is Unconstitutional
TOTAL BAN ON TATTOO PARLORS IS UNCONSTITUTIONAL September 14, 2010 On September 9, 2010, the Ninth Circuit, U.S. Court of Appeals, ruled in the case of Anderson v. City of Hermosa Beach, 2010 DAR 14319, that a total ban on tattoo parlors violated the First Amendment of the U.S. Constitution. The Court held that, “the […]
Vol. 25 No. 18- L. A. Court “Stays” Its “Stay” On Jessica’s Law
L. A. COURT “STAYS” ITS “STAY” ON JESSICA’S LAW September 10, 2010 “Confusion reigns supreme” as Judge Peter Espinoza, who issued an order on August 31, 2010 placing a hold on the enforcement of Penal Code sec. 3003.5(b) in Los Angeles County, issued a new order temporarily rescinding that action. On September 3, 2010, the court […]
Vol. 25 No. 17- Jessica’s Law Placed “On Hold” In L.A. County
JESSICA’S LAW PLACED “ON HOLD” IN L.A. COUNTY September 3, 2010 On August 31, 2010, Los Angeles Superior Court Judge Peter Espinoza issued an order staying the provision of Penal Code sec. 3003.5(b), known as Jessica’s Law, “as to all individuals who are subject to the terms of section 3003.5(b) and who are currently serving […]
Vol. 26 No. 16 – “Brakes” Are Not A Full Stop On Red Light Camera Prosecution An Update
“BRAKES” ARE NOT A FULL STOP ON RED LIGHT CAMERA PROSECUTION AN UPDATE August 31, 2010 On August 13, 2010, a Client Alert was published that offered a briefing and analysis of People v. Khaled, Appeal Case No. 30-2009-00304893 (Client Alert Memorandum, Volume 25, No. 14). The purpose of the Alert was to provide a […]
Vol. 25 No. 15- Qualified Patients V. Anaheim Remanded For Further Hearings
QUALIFIED PATIENTS v. ANAHEIM REMANDED FOR FURTHER HEARINGS August 19, 2010 On August 18, 2010, California’s Fourth District Court of Appeal finally acted in the case ofQualified Patients Association v. City of Anaheim, by remanding it back to the Superior Court to allow the plaintiffs to pursue their motion for declaratory relief. The Court ruled […]
Vol. 25 No. 24 Camreta V. Greene Goes To The Supreme Court
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. CAMRETA V. GREENE GOES TO THE SUPREME COURT Earlier this year, the Ninth Circuit U.S. Court of Appeals ruled, in the Oregon case ofCamreta v. Greene, that a police officer could not interview a student at school regarding […]
Vol. 25 No. 25- Correction Regarding Camreta V. Greene Memo
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. CORRECTION REGARDING CAMRETA V. GREENE MEMO In the Client Alert Memo we just issued (Vol. 25, No. 24) we stated that when the U.S. Supreme Court accepted the case of Camreta v. Greene, it vacated the ruling of the Ninth Circuit […]
Vol. 25 No. 26- Seizing Vehicles At Dui Checkpoints
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. SEIZING VEHICLES AT DUI CHECKPOINTS The question of whether law enforcement officers can seize vehicles driven by unlicensed drivers appears to continue to perplex law enforcement and others. The most recent issue has been raised by the California Office of Traffic […]
Vol. 26 No. 8- Ninth Circuit Uphold’s Country’s Right To Ban Gun Shows On County Property
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. NINTH CIRCUIT UPHOLDS COUNTY’S RIGHT TO BAN GUN SHOWS ON COUNTY PROPERTY May 03, 2011 On May 3, 2011, the Ninth Circuit U.S. Court of Appeals upheld Alameda County’s right to prohibit gun shows from being held on the county fairgrounds. […]