Vol. 23 No. 11- CPRA & Critical Incidents
CPRA & CRITICAL INCIDENTS June 5, 2008 Recently the California Attorney General published an official opinion (No. 07-208) concluding that, absent justification, law enforcement agencies are obligated to disclose names of public sector employees involved in critical incidents, such as officer involved shootings. Based upon statutory and case law we concur with the opinion of […]
Vol. 23 No. 10- Statutory Limit On Medical Marijuana Is Unconstitutional
STATUTORY LIMIT ON MEDICAL MARIJUANA IS UNCONSTITUTIONAL May 27, 2008 In 1996 California voters approved Proposition 215, the Compassionate Use Act [CUA], which granted limited immunity from criminal prosecution of those who possessed and used marijuana, if they qualified as medical users. On May 22, 2008, the California Court of Appeal, Second Appellate District ruled, in […]
Vol. 23 No. 16- AG Guidelines Regarding Medical Marijuana
AG GUIDELINES REGARDING MEDICAL MARIJUANA AUGUST 27, 2008 The California Attorney General has just released guidelines regarding California’s medical marijuana law, under the authority of Health & Safety Code section 11362.81(d). After the passage of Proposition 215, the Legislature passed SB 420, which created the Medical Marijuana Program Act (MMP), which was codified in the […]
Vol. 23 No. 24- Court Rules State Law Limits Peace Officers From Entering A Home To Seize Firearms After Taking “5150” Into Protective Custody, Outside Of The Home
COURT RULES STATE LAW LIMITS PEACE OFFICERS FROM ENTERING A HOME TO SEIZE FIREARMS AFTER TAKING “5150” INTO PROTECTIVE CUSTODY, OUTSIDE OF THE HOME December 17, 2008 California state law limits the authority of peace officers to enter the home of a mentally ill person, who was taken into custody for psychiatric evaluation while outside […]
Vol. 23 No. 23- U.S. Supreme Court Rejects Garden Grove Case
U.S. SUPREME COURT REJECTS GARDEN GROVE CASE December 04, 2008 On December 1, 2008, the United States Supreme Court refused to review the case ofGarden Grove v. Superior Court (Kha). This case, as many of you will recall, involved the seizure of marijuana from Felix Kha, following a traffic stop. He subsequently produced a doctor’s recommendation […]
Vol 23. No. 22- Citizen Carrying Firearm In Plain View
CITIZEN CARRYING FIREARM IN PLAIN VIEW December 02, 2008 It has recently come to our attention from a variety of points around the State that officers are with increasing frequency encountering individuals carrying holstered pistols in plain view on a gun belt, but with ammunition close at hand either in bandolier fashion or a loaded […]
Vol. 23 No. 21- Hr 218 Trumps Local Laws
HR 218 TRUMPS LOCAL LAWS December 1, 2008 Recently, an article appeared in the Rapid City (South Dakota) Journal, stating that law enforcement officers could not rely upon the passage of the Law Enforcement Officers Safety Act of 2004, otherwise known as HR 218. That law basically exempted currently employed “qualified law enforcement officers” (and certain retired officers) from state and […]
Vol. 23 No. 20-California Supreme Court Defines “Primary Caregiver” Under Medical Marijuana Law
CALIFORNIA SUPREME COURT DEFINES “PRIMARY CAREGIVER” UNDER MEDICAL MARIJUANA LAW November 25, 2008 On November 24, 2008, the California Supreme Court, in a unanimous decision, defined the term “primary caregiver” as used in the Compassionate Use Act (CUA) of 1996. California’s Health & Safety Code sec. 11362.5, was adopted following the passage of Proposition 215, and provides a limited defense […]
Vol. 23 No. 19- New Laws Governing Sale Of Nonferrous Metal
NEW LAWS GOVERNING SALE OF NONFERROUS METAL November 7, 2008 As the price for certain metals has risen to all-time highs, California cities and counties have been plagued with the theft of nonferrous metals such as copper and aluminum, which is then sold for substantial sums on the junk and recycling market. Buildings under construction […]
Vol. 23 No. 18- Officers Have No “Right” To Consult Collectively With Legal Counsel Following A Critical Incident
OFFICERS HAVE NO “RIGHT” TO CONSULT COLLECTIVELY WITH LEGAL COUNSEL FOLLOWING A CRITICAL INCIDENT November 7, 2008 The California Court of Appeal, Second Appellate District, recently ruled that officers do not have a constitutional or statutory right to confer, as a group, with legal counsel following an officer involved shooting. In the case of the Association […]