Vol. 35 No. 33 REASONABLE FACTFINDER COULD CONCLUDE THAT POLICE OFFICER VIOLATED PLAINTIFF’S DUE PROCESS RIGHTS BY OBTAINING COURT ORDER TO DESTROY PLAINTIFF’S FIREARMS WITHOUT GIVING HIM NOTICE
In Wright v. Beck,[1] the Ninth Circuit Court of Appeals held that a plaintiff, who continued to assert a claim of right to previously seized firearms and reasonably believed that the police department was still reviewing the matter, was entitled to notice under the Fourteenth Amendment’s Due Process Clause that police intended to seek a […]
Vol. 35 No. 18 THE JUDICIAL COUNCIL’S EMERGENCY RULE 4’s BAIL SCHEDULE SETS PRESUMPTIVE BAIL AMOUNT FOR COVERED OFFENSES AND VIOLATIONS, WHICH MAY BE MODIFIED BY SUPERIOR COURT
As part of California’s response to the COVID-19 crisis, the Judicial Council, on April 6, 2020, adopted Emergency Rule 4, which establishes a statewide Emergency Bail Schedule that sets bail for all misdemeanor offenses, many felony offenses, and violations of post-conviction supervision at zero dollars ($0 bail), except as specified in the rule. On April […]
Vol. 35 No. 17 EIGHTH AMENDMENT PROHIBITS PRISON OFFICIALS FROM DISREGARDING KNOWN SUBSTANTIAL RISK OF SERIOUS HARM TO INMATE
On April 23, 2020, the Ninth Circuit Court of Appeals, in Wilk v. Neven,[1] held that prison officials violated a prison inmate’s constitutional right to protection from violence under the Eighth Amendment. The Court found that all of the officials were aware, through firsthand information or through representatives, that there was a substantial risk of […]
Vol. 35 No. 16 SUPREME COURT “DUCKS” CONCERNING WHETHER NEW YORK CITY ORDINANCE IMPOSING TRAVEL RESTRICTIONS UPON HANDGUN LICENSEES VIOLATES THE SECOND AMENDMENT
In a 6-3 decision on April 27, 2020, the United States Supreme Court in N.Y. State Rifle & Pistol Ass’n v. City of N.Y.[1] dismissed as moot a claim for relief alleging that a New York City (“City”) rule violated the plaintiffs’ Second Amendment rights. In a relatively concise opinion, the Court majority concluded that, […]
Vol. 35 No. 15 LAW ENFORCEMENT EVALUATION OF COVID-19 HEALTH ORDER PROTESTS
The COVID-19 pandemic has altered many of the most fundamental expectancies of our democratic republic. Personal liberty, economic activity, and views about how to best provide for our collective care and health are continuously being adapted. As part of the role of government in guiding the way we jointly move forward, law enforcement leadership is […]
Vol. 35 No. 14 SOUTHERN DISTRICT OF CALIFORNIA GRANTS PRELIMINARY INJUNCTION ENJOINING AMMUNITION BACKGROUND CHECK AND AMMUNITION ANTI-IMPORTATION LAWS
On April 23, 2020, the United States District Court for the Southern District of California, in Rhode v. Becerra,[1] granted the plaintiffs’ motion for preliminary injunction enjoining what the Court called California’s “onerous and convoluted new laws” requiring ammunition purchase background checks and implementing ammunition anti-importation laws. Writing for the Southern District, Judge Roger T. […]
Vol. 35 No. 13 GOVERNOR’S EXECUTIVE ORDER N-54-20 AND ITS EFFECT ON REASONABLE SUSPICION FOR A TRAFFIC STOP FOR REGISTRATION VIOLATIONS
On April 22, 2020, Governor Newsom issued Executive Order N-54-20 (“the Order”) in which are addressed the suspension for sixty (60) days the period within which to perform certain duties. Among these, at paragraphs 1 through 7, are time limits related to registration of vehicles, the most important of which are paragraphs 3 and 5 […]
Vol. 35 No. 12 REASONABLE SUSPICION FOR A TRAFFIC STOP MAY EXIST WHEN AN OFFICER REASONABLY BELIEVES THAT THE REGISTERED OWNER’S DRIVER’S LICENSE HAS BEEN REVOKED
In an 8-1 decision, in Kansas v. Glover,[1] the Supreme Court of the United States held that when an officer lacks information negating an inference that the owner is driving the vehicle, an investigative traffic stop made after running a vehicle’s license plate and learning that the registered owner’s driver’s license has been revoked is […]
Vol. 35 No. 11 HIPAA DISCLOSURES – COVID 19 – FIRST RESPONDERS
A recurrent question of late has been what, if any, information can be relayed to first responders – Police and Fire Emergency Medical Services (“EMS”) concerning potential COVID-19 exposure from a given person and/or location. Fortunately, guidance has now been had from the U.S. Department of Health and Human Services in an online bulletin received […]
Vol. 35 No. 10 EXECUTIVE ORDER N-40-20 – POBR STATUTE OF LIMITATIONS EXTENDED
By Executive Order dated March 30, 2020, Governor Newsom extended the statute of limitations under Govt. Code §3304(d) by 60 days. Govt. Code §3304(d) reads in pertinent part[1] as follows: Except as provided in this subdivision and subdivision (g), no punitive action, nor denial of promotion on grounds other than merit, shall be undertaken for […]