Vol. 36 No. 11 NINTH CIRCUIT STAYS DISTRICT COURT RULING HOLDING THAT CALIFORNIA ASSAULT WEAPONS LAWS ARE UNCONSTITUTIONAL
In the June 2021 case of Miller v. Bonta, the United States District Court for the Southern District of California held that California statutes which restrict the use of assault weapons violate the Second Amendment. However, the Ninth Circuit Court of Appeals subsequently stayed the lower court’s ruling pending appeal proceedings. Thus, the State’s assault […]
Vol. 36 No. 10 UNDER THE FOURTH AMENDMENT, PURSUIT OF A FLEEING MISDEMEANOR SUSPECT DOES NOT ALWAYS JUSTIFY A WARRANTLESS ENTRY INTO A HOME
In Lange v. California, the United States Supreme Court held that an officer’s pursuit of a fleeing misdemeanor suspect does not categorically justify a warrantless entry into a home. Instead, as per Supreme Court precedent, a case-by-case assessment of exigency is required when deciding whether a suspected misdemeanant’s flight justifies a warrantless home entry. Background […]
Vol. 36 No. 9 SUPREME COURT REJECTS BROAD APPLICATION EXTENDING COMMUNITY CARETAKING EXCEPTION TO WARRANTLESS SEARCHES AND SEIZURES IN HOME IN CERTAIN CIRCUMSTANCES
In a unanimous 9-0 decision, the United States Supreme Court in Caniglia v. Strom rejected a lower court’s broad interpretation of the “community caretaking exception,” which erroneously extrapolated a previous Supreme Court case’s statement regarding the exception to warrantless search and seizure in a home context under the specific facts of this case. Background During […]
Vol. 34 No. 6 COLLECTION OF DEFENDANT’S DNA SAMPLE WAS UNLAWFUL UNDER THE FOURTH AMENDMENT BECAUSE PROSECUTION FAILED TO PROVE THAT HIS DNA WAS COLLECTED AS PART OF A ROUTINE BOOKING PROCEDURE
In the case of People v. Marquez, 2019 Cal. App. LEXIS 48 (4th Dist. Jan. 15, 2019), the California Fourth District Court of Appeal held that the 2006 collection of Daniel Joseph Marquez’s DNA sample was unlawful under the Fourth Amendment, but also concluded that the trial court properly admitted 2008 DNA evidence from a […]
Vol. 33 No. 34 POLICE OFFICER BODY CAMERA VIDEO AND AUDIO RECORDINGS OF “CRITICAL INCIDENTS” ARE DISCLOSABLE UNDER THE PUBLIC RECORDS ACT
On September 30, 2018 Governor Brown signed into law Assembly Bill 748 (“AB 748”) which added language to the Public Records Act that relates to police investigation records. Beginning July 1, 2019, video or audio recordings of “critical incidents” may only be withheld from the public for a period of longer than 45 days if […]
Vol. 33 No. 33 RECORDS OF OFFICER INVOLVED SHOOTINGS, USES OF FORCE RESULTING IN GREAT BODILY INJURY OR DEATH, AND SUSTAINED INCIDENTS OF SEXUAL ASSAULT AND DISHONESTY ARE SUBJECT TO DISCLOSURE UNDER THE PUBLIC RECORDS ACT
Governor Brown recently signed into law Senate Bill 1421 (“SB 1421”) which changed the confidential status of certain records contained in peace officer personnel files. SB 1421 effects a significant change with respect to the disclosure of certain categories of peace officer personnel files by way of the California Public Records Act. Beginning January 1, […]
Vol. 33 No. 32 DISTRICT COURT ORDER IN IMMIGRATION CASE GRANTS CITY’S APPLICATION FOR PRELIMINARY INJUNCTION WHERE ATTORNEY GENERAL SEEKS TO IMPOSE IMMIGRATION CONDITIONS ON FEDERAL GRANTS FOR CITY
On September 13, 2018 in the case of City of Los Angeles v. Jefferson B. Sessions, 293 F. Supp. 3d 1087 (C.D. Cal. 2018), the United States District Court for the Central District of California granted the application by the City of Los Angeles (“City”) for a preliminary injunction to enjoin the imposition of new […]
Vol. 33 No. 31 CALIFORNIA SUPREME COURT DENIES REVIEW OF COURT OF APPEAL DECISION ON POBRA STATUTE OF LIMITATIONS
As reported to you in an earlier Client Alert (Vol. 33 No. 23; July 27, 2018) the First District Court Appeal had held in Daugherty v. City and County of San Francisco, 24 Cal. App. 5th 928 (1st Dist. 2018) that disciplinary charges were timely where a senior officer aware of officer misconduct was not […]
Vol. 33 No. 30 A REVIEW OF THE LAW ENFORCEMENT OFFICERS SAFETY ACT AND RECENT CASE DEVELOPMENTS
The Law Enforcement Officers Safety Act (“LEOSA”) is a federal law that was enacted in 2004 which is set forth in 18 U.S.C. Sections 926B and 926C. Generally, LEOSA provides that active and retired law enforcement officers who meet certain criteria may carry a concealed firearm, with certain restrictions. Since its enactment, LEOSA has subsequently […]
Vol. 33 No. 35 DUE TO THE PASSAGE OF PROPOSITION 57, ALL NONVIOLENT STATE PRISONERS, INCLUDING “THIRD STRIKE” OFFENDERS, ARE ELIGIBLE FOR PAROLE CONSIDERATION
On September 7, 2018 in In re Edwards, 26 Cal. App. 5th 1181 (2018), the California Second District Court of Appeal granted the petition for writ of habeas corpus filed by a state prison inmate serving an indeterminate life sentence pursuant to the “Three Strikes” law. In so doing, the Court held that the passage […]