Vol. 28 No. 2 – California Supreme Court Hears Arguments Regarding Marijuana Dispensaries
CALIFORNIA SUPREME COURT HEARS ARGUMENTS REGARDING MARIJUANA DISPENSARIES The conflicting opinions from various California Courts of Appeal, regarding the authority of cities and counties to ban medical marijuana dispensaries, will, hopefully, be put to rest shortly. On February 5, 2013, the California Supreme Court heard oral argument in the case of the City of Riverside v. Inland […]
Vol. 28 No. 6 – U.S. Supreme Court Restricts Use of K-9 to Gather Evidence Outside Home
U.S. SUPREME COURT RESTRICTS USE OF K-9 TO GATHER EVIDENCE OUTSIDE A HOME On March 26, 2013, the United States Supreme Court ruled 5-4, in the case of State of Florida v. Jardines, that “the government’s use of trained police dogs to investigate the home and its immediate surroundings is a “search” within the meaning of […]
Vol. 28 No. 5 – The Enforcement of Federal Laws by Local Law Enforcement
THE ENFORCEMENT OF FEDERAL LAWS BY LOCAL LAW ENFORCEMENT The question currently under discussion in many jurisdictions, throughout the country, focuses on whether states and local governments can be compelled to enforce federal laws? The answer would generally appear to be “no,” but the more appropriate answer might be, “it depends.” The Tenth Amendment to […]
Vol. 28 No. 4 – Peace Officers Who Resign Or Are Terminated Do Not Qualify As “Honorably Retired” Peace Officers For Purposes Of Obtaining A Concealed Weapons Permit.
Peace Officers Who Resign Or Are Terminated Do Not Qualify As “Honorably Retired” Peace Officers For Purposes Of Obtaining A Concealed Weapons Permit. On February 28, 2013 the Third Appellate District of the California Court of Appeal, in Gore v. Yolo County District Attorney’s Office, held that “honorably retired” peace officers only refers to those […]
Vol. 28 No. 3 – Secure Communities Program: Mandatory or Optional?
SECURE COMMUNITIES PROGRAM: MANDATORY OR OPTIONAL? The Tenth Amendment to the U. S. Constitution states that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” When deciding whether or not a federal law is binding on […]
Vol. 27 No. 16 – Court Orders Board to Provide Independent Legal Counsel to Sheriff.
COURT ORDERS BOARD TO PROVIDE INDEPENDENT LEGAL COUNSEL TO SHERIFF We are very pleased to report that a Superior Court Judge, sitting by assignment from another county,[1] has ordered the Lake County Board of Supervisors to pay for independent legal counsel for Sheriff Frank Rivero to assist him in an official matter in which the County […]
Vol. 27 No. 15 – Qualified Immunity Denied When Force Is Used Against Non-Threatening Persons
QUALIFIED IMMUNITY DENIED WHEN FORCE IS USED AGAINST NON-THREATENING PERSONS On July 11, 2012, the Ninth Circuit U.S. Court of Appeals upheld the denial of qualified immunity for police officers who fired pepperballs into a crowd of partygoers who posed no threat to them. In the case of Nelson v. City of Davis, 2012 DAR […]
Vol. 27 No. 6 – Names of Officers Involved In An OIS Are Subject to Disclosure Under the CPRA (LBPOA v. City of Long Beach)
NAMES OF OFFICERS INVOLVED IN AN OIS ARE SUBJECT TO DISCLOSURE UNDER THE CPRA On February 7, 2012, the California Court of Appeal, 2d Appellate District, ruled that names of peace officers “are not rendered confidential by any of the statutory exemptions contained in the CPRA (California Public Records Act).” In a unanimous decision the court, […]
Vol. 27 No. 5 – Follow Up AB 1028 – CalPERS Circular Letter – Hiring of Annuitaints
FOLLOW UP AB 1028 – CalPERS CIRCULAR LETTER – HIRING OF ANNUITANTS When we issued our client alert last week on the changes to hiring of CalPERS annuitants by CalPERS contracting agencies as instituted through AB 1028, we noted that staff at CalPERS had said that they would be publishing further guidance on these issues, […]
Vol. 27 No. 4 – AB 1028 – Rehire of CalPERS Annuitants
AB 1028 – REHIRE OF CalPERS ANNUITANTS Assembly Bill 1028 (AB 1028) was signed by the Governor in October 2011 and became effective January 1, 2012. This Bill amended certain portions of the Govt. Code having to do with PERS annuitants. Of particular interest to Chiefs and Sheriffs, AB 1028 amended Govt. Code §§ 21221, 21224 […]