Vol. 32 No. 12 UNITED STATES SUPREME COURT STRIKES DOWN NINTH CIRCUIT’S “PROVOCATION RULE” AS UNDERMINING TRADITIONAL FOURTH AMENDMENT REASONABLE FORCE ANALYSIS
On May 30, 2017, the United States Supreme Court issued its opinion in County of Los Angeles v. Mendez, 581 U.S. __, 2017 U.S. LEXIS 3396 (2017), for which we submitted an amici curiae brief on behalf of the California State Sheriffs’ Association, the California Police Chiefs Association, and the California Peace Officers’ Association. The […]
Vol. 32 No. 17 PRELIMINARY INJUNCTION GRANTED REGARDING POSSESSION/USE OF HIGH-CAPACITY MAGAZINES
On June 29, 2017, the federal District Court for the Southern District of California, in the case entitled Duncan v. Becerra, 2017 U.S. Dist. LEXIS 101549 (S.D. Cal. June 29, 2017), granted an injunction against implementation of California Penal Code section 32310, which prohibits the possession and use of “high-capacity” weapon magazines on the basis […]
Vol. 32 No.16 UNITED STATES SUPREME COURT DECLINES TO DECIDE WHETHER SECOND AMENDMENT PROTECTS THE RIGHT TO BEAR ARMS IN PUBLIC
On June 26, 2017, the United States Supreme Court denied certiorari in the closely followed case of Peruta v. County of San Diego, 824 F.3d 919 (9th Cir. Cal. June 9, 2016). By declining to review the Ninth Circuit’s decision, the Supreme Court declined an opportunity to clarify whether the Second Amendment protects the right […]
Vol. 32 No. 15 NINTH CIRCUIT COURT OF APPEAL HOLDS CALIFORNIA’S 30-DAY VEHICLE IMPOUND LAW VIOLATES 4TH AMENDMENT
On June 21, 2017, the Ninth Circuit Court of Appeals issued an opinion in Brewster v. Beck holding that the 30-day impound of a vehicle seized pursuant to Vehicle Code section 14602.6(a)(1) violated the Fourth Amendment. The panel reversed the District Court’s dismissal of a class action brought under 42 U.S.C. § 1983 alleging that […]
Vol. 32 No. 14 NINTH CIRCUIT, EN BANC, HOLDS NO FOURTH AMENDMENT VIOLATION FOR A K9 USE OF FORCE DURING COMMERCIAL BURGLARY INVESTIGATION
On June 6, 2017, the Ninth Circuit Court of Appeal, sitting en banc, issued and published an opinion in Lowry v. City of San Diego wherein plaintiff alleged that the City of San Diego’s policy of training its police K9s to bite and hold individuals resulted in a violation of plaintiff’s Fourth Amendment rights. During […]
Vol. 32 No. 13 NINTH CIRCUIT COURT OF APPEAL HOLD THAT FEDERAL DISTRICT-WIDE COURTROOM SHACKLING POLICY IS UNCONSTITUTIONAL
NINTH CIRCUIT COURT OF APPEAL HOLD THAT FEDERAL DISTRICT-WIDE COURTROOM SHACKLING POLICY IS UNCONSTITUTIONAL On May 31, 2017, the Ninth Circuit Court of Appeal, sitting en banc, issued an opinion in United States v. Sanchez-Gomez wherein the defendants challenged the Southern District’s policy of routinely shackling in-custody defendants without an individualized determination that they pose […]
Vol. 30 No. 4 CALIFORNIA SUPREME COURT ACCEPTS DNA CASE FOR REVIEW
CALIFORNIA SUPREME COURT ACCEPTS DNA CASE FOR REVIEW I am most pleased to inform you that the California Supreme Court has granted review in the case of People v. Buza, regarding the constitutionality of California’s DNA Act. The California Court of Appeal held, last year, that the taking of DNA samples from those arrested for […]
Vol. 30 No. 3 ACLU PUBLIC RECORDS REQUEST
ACLU PUBLIC RECORDS REQUEST In response to a request for our thoughts regarding the attached demand (click here to view the demand) from the ACLU regarding information involving officer involved shootings, please be advised that how agencies respond is not only a matter of law, but a matter of policy and up to individual jurisdictions. […]
Vol. 30 No. 8 GPS TRACKING OF CONVICTED PERSON MAY BE UNCONSTITUTIONAL
GPS TRACKING OF CONVICTED PERSON MAY BE UNCONSTITUTIONAL On March 30, 2015, the United States Supreme Court held, in Grady v. North Carolina, that placing a GPS on a recidivist sex offender may be an unconstitutional search. However, the Court noted, “(t)he Fourth Amendment prohibits only unreasonable searches.” Therefore the issue is whether the placement […]
Vol. 30 No. 7 CCW Case To Be Reheard By “En Banc” Panel
CCW CASE TO BE REHEARD BY “EN BANC” PANEL On March 26, 2015, the full Ninth Circuit U.S. Court of Appeal voted to have an “en banc” rehearing (11 justices of the Court) of the case of Peruta v. County of San Diego. Previously, a three judge panel split 2 – 1 and held that […]