Vol. 28 No. 18 – Marijuana Which “Exceeds Reasonable Amount Needed for Personal Medical Use” Can Be Destroyed
MARIJUANA WHICH “EXCEEDS REASONABLE AMOUNT NEEDED FOR PERSONAL MEDICAL PURPOSES” CAN BE DESTROYED On June 28, 2013, the California Court of Appeal, First Appellate District, held in the case ofLittlefield v. County of Humboldt, that law enforcement can destroy marijuana when it can be shown that the arrestee did “not posses [the] marijuana for his […]
Vol. 28 No. 24 – Federal Court of Appeals Delays Ban On New York’s “Stop and Frisk” Law
FEDERAL COURT OF APPEALS DELAYS BAN ON NEW YORK’S “STOP AND FRISK” LAW On October 31, 2013, in an unprecedented move, the 2nd Circuit U.S. Court of Appeals granted New York City’s motion to stay a district court’s decision, restricting the use of the City’s stop and frisk policy, until the 2nd Circuit hears the City’s […]
Vol. 28 No. 23 – New Law Limits Employer Agency’s Actions If D.A. Declares An Officer Is A “Brady” Officer
NEW LAW LIMITS EMPLOYER AGENCY’S ACTIONS IF D.A. DECLARES AN OFFICER IS A “BRADY” OFFICER Senate Bill 313, authored by State Senator Kevin De Leon of Los Angeles, has significantly altered California law regarding what actions a police chief or sheriff can take after the county district attorney declares a peace officer to be a […]
Vol. 28 No. 22 – A Warrant Can Now Be Secured To Draw Blood From A Misdemeanor DUI Suspect
A WARRANT CAN NOW BE SECURED TO DRAW BLOOD FROM A MISDEMEANOR DUI SUSPECT On April 18, 2013, JONES & MAYER published a Client Alert Memo, Vol. 28, No. 8, regarding the U.S. Supreme Court decision which held that law enforcement must, in most cases, first secure a search warrant before drawing blood from a […]
Vol. 28 No. 21 – The Feds, Medical Marijuana, and New “Guidelines”
THE FEDS, MEDICAL MARIJUANA, AND NEW “GUIDELINES” In a memo from Deputy Attorney General, James Cole to “All United States Attorneys,” dated August 29, 2013, he states that it is intended to update the “guidance” provided in 2009 and 2011 “concerning marijuana enforcement under the Controlled Substances Act (CSA).” However, the position taken by the […]
Vol. 28 No. 20 – Law Enforcement Officers May Be Liable Based On Tactics Preceding the Use of Deadly Force
LAW ENFORCEMENT OFFICERS MAY BE LIABLE BASED ON TACTICS PRECEDING THE USE OF DEADLY FORCE On August 19, 2013, the California Supreme Court held, in the case of Hayes v. County of San Diego, 2013 Cal. LEXIS 6652, that liability for negligence may arise from tactical conduct and decisions employed by law enforcement officers preceding […]
Vol. 28 No. 19 – Officer’s Report of the Use of Excessive Force May Be Protected by the First Amendment
OFFICER’S REPORT OF THE USE OF EXCESSIVE FORCE MAY BE PROTECTED BY THE FIRST AMENDMENT On August 22, 2013, the Ninth Circuit U.S. Court of Appeals, in a unanimous en banc decision (11-0), reversed a decision by a district court judge and a three judge panel ruling. In Dahlia v. Rodriguez, et al, the en […]
Vol. 28 No. 8 – Taking Blood From a DUI Suspect Will Usually Require Consent or a Warrant
TAKING BLOOD FROM A DUI SUSPECT WILL USUALLY REQUIRE CONSENT OR A WARRANT On April 17, 2013, the United States Supreme Court ruled 8 – 1, in the case of Missouri v. McNeely, that “the natural metabolization of alcohol in the bloodstream [does not present] aper se exigency that justifies an exception to the Fourth Amendment’s […]
Vol. 25 No. 12- Supreme Court Rules That A City’s Ban On Handguns Is Unconstitutional
SUPREME COURT RULES THAT A CITY’S BAN ON HANDGUNS IS UNCONSTITUTIONAL June 28, 2010 In a landmark, but not unexpected, decision, the United States Supreme Court, in McDonald v. City of Chicago, ruled 5-4 that individuals have a constitutional right to own guns and that cities and states cannot ban such ownership. The Court held […]
Vol. 25 No. 1- No Limit On Amount Of Medical Marijuana A Qualified Patient Can Possess
NO LIMIT ON AMOUNT OF MEDICAL MARIJUANA A QUALIFIED PATIENT CAN POSSESS Janurary 21, 2010 In a unanimous decision on January 21, 2010, the California Supreme Court, in the case ofPeople v. Kelly, basically eliminated restrictions on the amount of marijuana a qualified patient can possess. The Court ruled that “the decision of the Court […]