CSSA Magazine Article – U.S. Supreme Court Rules In Favor Of Drug Sniffing Police Dogs
U.S. SUPREME COURT RULES IN FAVOR OF DRUG SNIFFING POLICE DOGS By: Martin J. Mayer, General Counsel California Peace Officers’ Association The United States Supreme Court, on February 19, 2013, in the case of Florida v. Harris, unanimously held that it was not unreasonable for an officer to search a vehicle after his drug sniffing […]
CSSA Magazine Article – Recent Cases Impose New Burdens on Law Enforcement
RECENT CASES IMPOSE NEW BURDENS ON LAW ENFORCEMENT By: Martin J. Mayer, General Counsel California State Sheriffs’ Association Two recent court decisions, one from the federal District Court and one from the California Court of Appeal have imposed new burdens and/or responsibilities on law enforcement management. The federal court has mandated that the California Department of […]
CSSA Magazine Article – Determining If An Employee Is Fit Or Not Fit For Duty — What Are The Issues?
DETERMINING IF AN EMPLOYEE IS FIT OR NOT FIT FOR DUTY – WHAT ARE THE ISSUES? By: Martin J. Mayer, General Counsel California State Sheriffs’ Association California Government Code Section 1031 states, in part, that “(e)ach class of public officers or employees declared by law to be peace officers shall meet all of the following […]
CSSA Magazine Article – What Are “Reasonable Accomodations” for a Peace Officer with a Disability?
WHAT ARE “REASONABLE ACCOMMODATIONS” FOR A PEACE OFFICER WITH A DISABILITY? By Martin J. Mayer, General Counsel California State Sheriffs’ Association California’s Fair Employment and Housing Act (FEHA), Gov. Code §12940 states, in part, that: “It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable […]
CPCA Magazine Article – Courts Listen to CPCA
COURTS LISTEN TO CPCA By: Martin J. Mayer, General Counsel California Police Chiefs’ Association The California Police Chiefs’ Association (CPCA) is well known for its legislative advocacy and the fact that its opinions are considered and respected in Sacramento. What might not be as well known is the extent of CPCA’s legal advocacy through the […]
CPOA Magazine Article – Double Jeopardy in Employment Discipline
DOUBLE JEOPARDY IN EMPLOYMENT DISCIPLINE By Martin J. Mayer Published by CPOA in “California Peace Officer” on April 15, 2014 In December, 2013, the United States Court of Appeals for the Federal Circuit ruled, in Nguyen v. Department of Homeland Security, 737 F.3d 711, that it is not “double punishment” to impose discipline for misconduct and […]
CSSA Magazine Article – Two Fatal OIS’s Involving Vehicles – One Is Good, One Is Not
TWO FATAL OIS’s INVOLVING VEHICLES – ONE IS GOOD; ONE IS NOT By: Martin J. Mayer, General Counsel California State Sheriffs’ Association Within one month, the Ninth Circuit U.S. Court of Appeals, issued rulings in two cases which involved officers killing drivers of vehicles, based on their belief that there was an immediate threat to […]
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 […]