Vol. 32 No. 28 NINTH CIRCUIT REVERSES DENIAL OF QUALIFIED IMMUNITY TO OFFICERS INVOLVED IN FATAL SHOOTING
On September 15, 2017, a panel of the Ninth Circuit Court of Appeals, in Woodward v. City of Tucson,[1] reversed the district court’s denial of qualified immunity to officers involved in a fatal shooting. The Court concluded that the decedent did not have a reasonable expectation of privacy while trespassing in an apartment. The Court […]
Vol 32. No. 29 JURY IMPROPERLY CONSIDERED THE RACE OF A POLICE SHOOTING VICTIM IN DECIDING THE DEPARTMENT DISCRIMINATED AGAINST THE INVOLVED OFFICERS
On September 14, 2017, the California Court of Appeal held, in a case entitled Diego v. City of Los Angeles,[1] that the City of Los Angeles did not discriminate against two Hispanic police officers by keeping them off field duty following their fatal shooting of an unarmed black man. The Court held that the officers […]
Vol. 32 No. 30 GOVERNOR BROWN SIGNS INTO LAW SENATE BILL 54, WHICH LIMITS WAYS IN WHICH LAW ENFORCEMENT CAN COOPERATE WITH FEDERAL IMMIGRATION ENFORCEMENT
On October 5, 2017, Governor Jerry Brown signed into law Senate Bill (SB) 54, which, among other things, and subject to exceptions, prohibits state and local law enforcement agencies from using money or personnel for specified immigration enforcement purposes. The bill makes amendments to the Trust Act and enacts the California Values Act. The legislation […]
Vol. 33 No. 4 CONSTITUTIONAL RIGHTS POTENTIALLY VIOLATED WHERE POLICE DEPARTMENT TAKES ADVERSE ACTION AGAINST OFFICER BASED ON PRIVATE SEXUAL CONDUCT
Perez v. City of Roseville, 2018 U.S. App. LEXIS 3212 (9th Cir. Feb. 9, 2018) Facts In January 2012, Janelle Perez was hired by Roseville Police Department Chief Daniel Hahn to serve as a police officer in the department. A few months into her probationary term, Perez and Roseville Police Officer Shad Begley began a […]
Vol. 33 No. 3 OFFICERS ENTITLED TO QUALIFIED IMMUNITY FOR ARREST OF TRESPASSING PARTY GOERS
District of Columbia v. Wesby, 2018 U.S. LEXIS 760 (U.S. Jan. 22, 2018) Facts In March 2008, District of Columbia Metropolitan Police Department received a complaint of loud music and illegal activities at a house in Northeast D.C. The caller, a former neighborhood commissioner, told police that the house had been vacant for several months. […]
Vol. 33 No. 2 COMMUNITY CARETAKER EXCEPTION APPLIES TO SEARCH OF RESIDENCE OF REPORTEDLY SUICIDAL MAN
People v. Ovieda, 2018 Cal. App. LEXIS 34 (2nd Dist. Jan. 17, 2018) Facts In June 2015, the sister of plaintiff Ovieda told a 911 operator that Ovieda threatened to kill himself and had attempted suicide before. Santa Barbara Police Officer Mark Corbett responded to the 911 call. Another officer phoned Ovieda’s friend, Trevor Case, […]
Vol. 33 No. 1 PANEL OF FIRST DISTRICT COURT OF APPEAL DECLINES TO FOLLOW FELLOW PANEL’S ANALYSIS IN PENSION FORMULA CASE
On January 8, 2018, Division Four of the First District Court of Appeal, in Alameda County Deputy Sheriff’s Association et al. v. Alameda County Employees’ Retirement Association et al.,[1] concluded that because the California Public Employees’ Pension Reform Act of 2013 (“PEPRA” or “AB 197”) effected substantive changes to the County Employees Retirement Law of […]
Vol. 32 No. 35 NEW STATE LAWS IN 2017 THAT IMPACT CALIFORNIA’S LAW ENFORCEMENT AGENCIES
Several new state laws were passed by the Legislature in 2017 that will impact California’s law enforcement agencies. Brief summaries of relevant new laws are outlined below for informational purposes. Unless otherwise stated, these new laws are effective January 1, 2018. Please consult with your legal counsel for additional details. ASSEMBLY BILLS AB 7 – […]
Vol. 32 No. 34 WARRANTLESS SEARCH OF PROBATIONER’S RESIDENCE REASONABLE DESPITE OBJECTION OF CO-OCCUPANT
On November 30, 2017, the Ninth Circuit Court of Appeals held, in Smith v. City of Santa Clara, 2017 U.S. App. LEXIS 24307 (9th Cir. Nov. 30, 2017), that the search of a probationer’s residence was permissible under federal law, despite the objection of a co-occupant and the non-presence of the probationer. Facts In October […]
Vol. 32 No. 33 WARRANTLESS SEARCH OF VEHICLE DASHBOARD CONSOLE IS PERMISSIBLE UNDER THE “AUTOMOBILE EXCEPTION” WHEN SUPPORTED BY PROBABLE CAUSE
On November 13, 2017, the California Court of Appeal for the Sixth Appellate District decided, in the case of People v. Zabala, 2017 Cal. App. LEXIS 996, that the removal of a dashboard console exceeds the scope of a permissible inventory search incident to an arrest without a warrant. However, the Court also held that […]