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 […]
Vol. 34 No. 14 DISTRICT COURT DECLARES CALIFORNIA LAW PROHIBITING THE POSSESSION AND USE OF GUN MAGAZINES WITH MORE THAN TEN ROUNDS UNCONSTITUTIONAL
The United States District Court for the Southern District of California recently held, in the case entitled Duncan v. Becerra[1], that California Penal Code section 32310 is unconstitutional. The statute prohibits possession of large-capacity magazines (“LCMs”), defined as those capable of holding more than ten rounds. Background In November 2016, California citizens approved Proposition 63. […]
Vol. 34 No. 13 COURT OF APPEAL DETERMINES THAT SB 1421 APPLIES TO RECORDS CREATED PRIOR TO JANUARY 1, 2019
On March 29, 2019, the California First District Court of Appeal denied the consolidated petitions for writ of supersedeas filed by the Walnut Creek Police Officers’ Association and several other municipalities (“Appellants”). The Appellants sought to limit the scope of SB 1421 regarding certain categories of peace officer personnel files to only those responsive records […]
Vol. 34 No. 12 SHERIFF’S ISSUANCE OF MEMORANDUM RESTRICTING DEPARTMENT COMMUNICATIONS WITH ICE WAS A PROTECTED DISCRETIONARY ACT UNDER CALIFORNIA GOVERNMENT CODE SECTION 820.2
In an opinion issued on March 25, 2019, in the case entitled Steinle v. City & Cnty. of S.F.[1], the Ninth Circuit determined that the question of discretionary immunity raised was controlled by California law, and concluded that Government Code section 820.2 barred plaintiffs’ negligence claim. The Sheriff’s issuance of the memorandum at issue, the […]
Vol. 34 No. 11 COURT FINDS THAT STATE LAW REQUIRING SHERIFFS TO HAVE LAW ENFORCEMENT EXPERIENCE IS CONSTITUTIONAL
In an opinion filed on March 18, 2019, the California Second District Court of Appeal in Boyer v. Cnty. of Ventura[1] held that certain law enforcement experience and education requirements for a person to be elected county sheriff as specified in Government Code section 24004.3 were constitutional. The Court determined that constitutional, statutory, and case […]
Vol. 34 No. 10 WARRANTLESS PLACEMENT OF A GPS TRACKER ON A PAROLEE’S CAR WAS PERMISSIBLE IN LIGHT OF UNITED STATES V. JOHNSON
In the March 15, 2019, in the case of United States v. Korte,[1] the Ninth Circuit Court of Appeals affirmed a District Court’s denial of a defendant parolee’s motions to suppress. The Court of Appeals held that the warrantless placement of a GPS tracker on the parolee’s car did not violate the Fourth Amendment. While […]
Vol. 34 No. 9 DISTRICT COURT ORDERS INJUNCTION ENJOINING SHERIFF FROM USING BAIL SCHEDULE TO DETERMINE RELEASE OF DETAINEES WHO CANNOT AFFORD BAIL
In the March 4, 2019 case of Buffin v. City & Cnty. of S.F.,[1] the California Northern District Court granted the plaintiffs’ motion for summary judgment challenging the use of San Francisco’s Felony and Misdemeanor Bail Schedule (the “schedule” or “Bail Schedule”) as a basis to release pre-arraignment detainees where the detainees could not afford […]
Vol. 34 No. 15 UNITED STATES SUPREME COURT REJECTS DEATH PENALTY CHALLENGE BY INDIVIDUAL WITH RARE DISEASE
In a 5-4 opinion, the United States Supreme Court majority in Bucklew v. Precythe, 2019 U.S. LEXIS 2477 (Apr. 1, 2019), held that an inmate with a rare condition causing tumors with blood vessels to grow in his neck, head, and throat failed to satisfy the test that two prior Supreme Court cases established to […]