Vol. 28 No. 27 – Police “Whistleblowers” and the First Amendment

The following article is in the current edition of the International Association of Chiefs’ of Police (IACP) magazine and addresses the issue of “whistle blowing” by law enforcement officers and when, and what, protections apply under the First Amendment. The case arose out of an incident with the Burbank Police Department and resulted in an […]

Vol. 29 No.8 – CalPERS Sends “Scary” Letter to Retired Annuitants

CalPERS Sends “Scary” Letter to Retired Annuitants On March 17, 2014, an article appeared in the Los Angeles Daily Journal about Circular Letter No. 200-002-14, dated January 14, 2014, sent by CalPERS to 5,800 retired state employees who collect a pension and work for the state.  According to the article, the 5,800 annuitants earn approximately […]

Vol. 29 No. 9 – COMMUNICATIONS ON PRIVATE CELL PHONES NOT SUBJECT TO CPRA DISCLOSURE

COMMUNICATIONS ON PRIVATE CELL PHONES NOT SUBJECT TO CPRA DISCLOSURE On March 27, 2014, the California Court of Appeal, Sixth Appellate District, overturned a summary judgment ruling in the case of City of San Jose v. Superior Court (Smith), which had granted declaratory relief to Smith.  The Court also ordered summary judgment to be granted to […]

Vol. 29 No. 16 California Supreme Court Rejects Challenge to Red Light Cameras

CALIFORNIA SUPREME COURT REJECTS CHALLENGE TO RED LIGHT CAMERAS  In the case of People v. Carmen Goldsmith, (Case Number  S201443 (June 5, 2014)), the California Supreme Court unanimously upheld use of “red light cameras” and rejected a motorist’s demand for testimony from the camera’s manufacturer. History Pursuant to Vehicle Code section 21455.5, local governmental agencies are […]

Vol. 29 No. 14 – SECRET SERVICE AGENTS ENTITLED TO QUALIFIED IMMUNITY FOR RELOCATING PROTESTERS GREATER DISTANCE FROM PRESIDENT THAN SUPPORTERS AFTER UNPLANNED STOP OF MOTORCADE CREATED SECURITY RISK

SECRET SERVICE AGENTS ARE ENTITLED TO QUALIFIED IMMUNITY FOR RELOCATING PROTESTERS A GREATER DISTANCE FROM THE PRESIDENT THAN SUPPORTERS AFTER UNPLANNED STOP OF MOTORCADE CREATED SECURITY RISK ONLY FROM PROTESTERS. On May 27, 2014, the United States Supreme Court held, in the case of Wood v. Moss, that Secret Service agents were entitled to qualified […]

Vol. 29 No. 13 – Police Officers Who Shot at Driver of Fleeing Vehicle to End Dangerous Vehicle Pursuit Did Not Violate the Fourth Amendment and Entitled to Qualified Immunity for their Actions

POLICE OFFICERS WHO SHOT AT THE DRIVER OF A FLEEING VEHICLE TO END A DANGEROUS VEHICLE PURSUIT DID NOT VIOLATE THE FOURTH AMENDMENT AND WERE ALSO ENTITLED TO QUALIFIED IMMUNITY FOR THEIR ACTIONS On May 27, 2014, the United States Supreme Court issued an opinion entitled Plumhoff v. Rickard, in which the Court held that […]

Vol. 29 No. 12 – ANONYMOUS TIP MAY PROVIDE REASONABLE SUSPICION FOR INVESTIGATIVE STOP

ANONYMOUS TIP MAY PROVIDE REASONABLE SUSPICION FOR INVESTIGATIVE STOP  On April 22, 2014, the United States Supreme Court affirmed the judgment of the California Court of Appeal, in Navarette v. California, which held that an anonymous tip can, under certain circumstances, provide an officer with reasonable suspicion to make an investigative stop. Appellants/Defendants Lorenzo and Jose […]