Vol. 35 No. 6 EMPLOYEE WHO WAS TERMINATED DURING HIS EXTENDED PROBATION WAS NOT ENTITLED TO AN ADMINISTRATIVE HEARING
The California Second District Court of Appeal, in Amezcua v. L.A. Cnty. Civil Serv. Comm’n,[1] held that there was ample evidence to support the trial court’s conclusion that plaintiff was “absent from duty” and had “time away” from duty, such that the Los Angeles County Sheriff’s Department was permitted to extend his period of probation […]
Vol. 35 No. 5 PENAL CODE SECTION 632.7 PROHIBITS ONLY THIRD-PARTY EAVESDROPPERS, NOT THE PARTICIPANTS IN A PHONE CALL THEMSELVES, FROM INTENTIONALLY RECORDING TELEPHONIC COMMUNICATIONS
The California Fourth District Court of Appeal held, in Smith v. LoanMe, Inc.,[1] that a plaintiff failed to state a claim in arguing that a defendant business violated a provision in the California Invasion of Privacy Act (“Privacy Act”) (Penal Code section 630, et seq.) by recording its call with the plaintiff. The Court concluded […]
Vol. 35 No. 4 CALIFORNIA SUPREME COURT CONCLUDES THAT A SECRET RECORDING OF A PHONE CONVERSATION WAS NOT BARRED BY A PRIVACY PROVISION BECAUSE THAT PROVISION HAD BEEN REPEALED BY THE “RIGHT TO TRUTH-IN-EVIDENCE” PROVISION IN THE STATE CONSTITUTION
In the case of People v. Guzman,[1] the Supreme Court of California found that a surreptitious recording was properly admitted into evidence in a defendant’s trial for committing a lewd and lascivious act upon a child. The Court concluded that the “Right to Truth-in-Evidence” provision in the state constitution enacted as a result of the […]
Vol. 35 No. 3 GOVERNOR GAVIN NEWSOM APPROVES ASSEMBLY BILL 1600 AMENDING PITCHESS MOTION REQUIREMENTS
On October 8, 2019, Governor Gavin Newsom approved Assembly Bill 1600 (“AB 1600”) to amend California Evidence Code Sections 1043 and 1047 related to motions to discover peace officer or custodial officer personnel records, more commonly known as Pitchess motions. The amendment effectively shortens notice requirements and accelerates the timeframe for responding to such motions […]
Vol. 35 No. 2 PLAINTIFF’S STATE RETALIATION CLAIM NOT PRECLUDED BY STATE ADMINISTRATIVE AGENCY’S DECISION
The Ninth Circuit Court of Appeals held in Bahra v. Cnty. of San Bernardino[1] that a state administrative agency’s ruling did not preclude a plaintiff’s California Labor Code section 1102.5 action alleging retaliation for whistleblowing activities. Background Plaintiff Eric Bahra worked as a social services practitioner for Defendant San Bernardino County’s Department of Children and […]
Vol. 35 No. 1 NINTH CIRCUIT RULES THAT DISTRICT COURT ABUSED ITS DISCRETION IN PRECLUDING TESTIMONY CONCERNING MENTAL ILLNESS OF DECEDENT OF WHICH OFFICER WAS UNAWARE AT TIME OF INCIDENT
In the case entitled Crawford v. City of Bakersfield,[1] the Ninth Circuit Court of Appeals vacated a district court’s judgment in favor of a police officer after a jury trial found in favor of the officer for the fatal shooting of an individual that was attacking the officer with a metal club. During the incident, […]
Vol. 34 No. 41 IN DOMESTIC VIOLENCE CASE, NINTH CIRCUIT DETERMINES THAT THE STATE-CREATED DANGER DOCTRINE MAY APPLY WHEN OFFICER COMMENTS CONVEY TO ABUSER THAT ABUSE MAY CONTINUE
In the case of Martinez v. City of Clovis,[1] the Ninth Circuit Court of Appeals determined that two police officers violated a domestic abuse victim’s due process rights under the state-created danger doctrine due to their conduct, yet were entitled to qualified immunity because the law did not clearly established the violation at the time. […]
Vol. 34 No. 40 AS OF JANUARY 1, 2020, EVERY LOCAL LAW ENFORCEMENT AGENCY IS REQUIRED TO CONSPICUOUSLY POST ON THEIR WEBSITES ALL CURRENT STANDARDS, POLICIES, PRACTICES, OPERATING PROCEDURES, AND EDUCATION AND TRAINING MATERIALS THAT WOULD OTHERWISE BE PUBLICLY AVAILABLE UPON A CPRA REQUEST
In October 2018, then Governor Jerry Brown signed Senate Bill 978 (SB 978) into law. Effective January 1, 2020, the Commission on Peace Officer Standards and Training (POST) and each local law enforcement agency are required to “conspicuously post” on their Internet Web sites “all current standards, policies, practices, operating procedures, and education and training […]
Vol. 34 No. 28 THE DOJ’S INCLUSION OF IMMIGRATION-RELATED SCORING FACTORS IN IMPLEMENTING THE COPS GRANT WAS CONSTITUTIONAL AND WITHIN ITS STATUTORY AUTHORITY
In July 2019, the Ninth Circuit Court of Appeals, in City of L.A. v. Barr,[1] reversed a District Court’s summary judgment in favor of the City of Los Angeles in an action challenging the U.S. Department of Justice’s (“DOJ”) use of illegal-immigration-related factors in determining scores for applicants to a competitive grant program. In reaching […]
Vol. 34 No. 27 WHEN A DRIVER IS UNCONSCIOUS, AND THEREFORE CANNOT BE GIVEN A BREATH TEST, THE EXIGENT-CIRCUMSTANCES EXCEPTION WILL USUALLY PERMIT A BLOOD TEST WITHOUT A WARRANT
In a plurality opinion, the United States Supreme Court recently held, in the opinion entitled Mitchell v. Wisconsin[1], that the exigent circumstances exception to the warrant requirement of the Fourth Amendment will usually permit a blood draw from an unconscious drunk-driver suspect to secure blood alcohol content evidence. Background In May 2013, Sheboygan Police Department […]