Vol. 27. No. 21 — Controlling Disruptive Behavior At Public Meetings
CONTROLLING DISRUPTIVE BEHAVIOR AT PUBLIC MEETINGS Two recent cases have addressed what cities or counties can do when a person becomes “disruptive” at a city council or board of supervisors meeting. Both decisions have an impact on efforts by local legislative bodies to control disruptive behavior at public meetings, and how law enforcement can respond to […]
Vol. 27 No. 20 – California Attorney General Says Compliance With “ICE” Detainers Is Optional
CALIFORNIA ATTORNEY GENERAL SAYS COMPLIANCE WITH “ICE” DETAINERS IS OPTIONAL Concerns regarding whether local law enforcement has a duty to cooperate with the federal government, and detain arrestees when Immigration and Customs Enforcement (ICE) issues an immigration “hold,” was addressed by the California Department of Justice (CalDOJ) yesterday, December 4, 2012, in an Information Bulletin issued […]
Vol. 27 No. 19 – U.S. Supreme Court to Decide DNA Case
U.S. SUPREME COURT TO DECIDE DNA CASE On November 10, 2012, the U.S. Supreme Court accepted the case of Maryland v. King for review. At issue is the question of whether it is constitutional for states and the federal government to require that persons arrested on felony charges provide a DNA sample immediately after arrest? […]
Vol. 27 No. 18 – Use Of “Pitchess” Motions In Administrative Disciplinary Appeals Is Permitted
USE OF “PITCHESS” MOTIONS IN ADMINISTRATIVE DISCIPLINARY APPEALS IS PERMITTED Contrary to what had been believed to be established law, the California Court of Appeal ruled that a hearing officer, in an administrative appeal of discipline of a correctional officer, “has the authority to grant a Pitchess motion.” On September 28, 2012, the 4th Appellate District […]
Vol. 27 No. 17 – Personal Properly Left On A Sidewalk Unattended – Is It Abandoned?
PERSONAL PROPERTY LEFT ON A SIDEWALK UNATTENDED – IS IT ABANDONED? On September 5, 2012, the Ninth Circuit U.S. Court of Appeals ruled that the City of Los Angeles violated the Fourth Amendment rights of homeless persons when they seized “unabandoned property” and destroyed it. In the case of Levan et. al. v. City of […]
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 […]