Vol. 25 No. 4- Supreme Court Modifies Miranda – Allows Re-Interrogation After Subject Invokes
SUPREME COURT MODIFIES MIRANDA – ALLOWS RE-INTERROGATION AFTER SUBJECT INVOKES March 1, 2010 In a unanimous decision, the United States Supreme Court modified a long standing rule regarding the reinterrogation of a suspect after he invoked his rights under Miranda v. Arizona. The Supreme Court ruled, on February 24, 2010, in the case of Maryland […]
Vol. 25 No. 11- Employee E-Mails, Cell Phones & Text Messages – Search Reasonable
3777 North Harbor Boulevard Fullerton, CA 92835 Telephone: (714) 446 1400 Fax: (714) 446 1448 ** e-mail: receptionist@jones-mayer.com Visit our Web Site: WWW.JONES-MAYER.COM Employee E-Mails, Cell Phones & Text Messages – Search Reasonable June 18, 2010 The United States Supreme Court acted on June 17, 2010, to overturn the 2008 decision of the Ninth Circuit, […]
Vol. 25 No. 10 – Another New Miranda Decision: Suspects Must Speak Up In Order To Remain Silent
ANOTHER NEW MIRANDA DECISION: SUSPECTS MUST SPEAK UP IN ORDER TO REMAIN SILENT June 3, 2010 On June 1, 2010, the United States Supreme Court handed down another major decision regarding the procedure established in the 1966 case of Miranda v. Arizona. [See Jones & Mayer Client Alerts, Vol. Twenty-five, No. 4 (3/1/10) and Vol. Twenty-five, No. 8 (4/20/10) […]
Vol. 25 No. 9- Courts Uphold Closure Of Medical Marijuana Dispensaries
COURTS UPHOLD CLOSURE OF MEDICAL MARIJUANA DISPENSARIES May 17, 2010 In three separate matters, judges in both state and federal courts have recently upheld the rights of cities to prohibit medical marijuana dispensaries, on several legal theories. The most novel approach taken so far was the claim that a person with a disability had the […]
Vol. 25 No. 8- No Magic Words For “Miranda” Warnings
NO MAGIC WORDS FOR “MIRANDA” WARNINGS April 20, 2010 The United States Supreme Court recently ruled that, although it is necessary to ensure that a suspect is told of his/her right to consult with an attorney before questioning begins, there is no “precise formulation necessary to meet Miranda’s requirements.” In the case of Florida v. […]
Vol. 25 No. 7 – No Compensation For Donning And Doffing
“NO COMPENSATION FOR DONNING AND DOFFING” March 26, 2010 On March 25, 2010, the Ninth Circuit U.S. Court of Appeal ruled that the Fair Labor Standards Act (FLSA) does not require compensating officers for putting on, or taking off, their uniforms IF they are allowed to do so at home. The Court issued its ruling in the […]
Vol. 25 No. 6- Reinstatement of Fired Seattle Officer Blocked
Reinstatement of Fired Seattle Officer Blocked March 5, 2010 On January 26, 2010 we published Client Alert Memo, Vol. 25, No. 2 about a dishonest Seattle officer being reinstated by a Civil Service Commission, despite their finding that he had lied. At least for now, a Superior Court has blocked his reinstatement pending the City’s […]
Vol. 25 No. 5 – “Conduct Credits” Under Penal Code §4019 Apply Prospectively
“CONDUCT CREDITS” UNDER PENAL CODE §4019 APPLY PROSPECTIVELY March 4, 2010 On March 1, 2010, the 5th Appellate District Court of Appeal decided the case of People v. Rodriguez which, among other things, analyzed the application of Penal Code 4019 and how “conduct credit” was to be applied. Penal Code section 4019 was recently amended […]
Vol. 24 No. 22- Investigating a “Recommendation” for Medical Marijuana
INVESTIGATING A “RECOMMENDATION” FOR MEDICAL MARIJUANA September 1, 2009 On August 26, 2009, the California Court of Appeal concluded, in Bearman v. California Medical Board et al, 2009 DAR 1417, that, if reasonable suspicion exists that one might be abusing the Compassionate Use Act (CUA), agencies and personnel “should suffer no tort liability for attempting […]
Vol. 24 No. 9- Cities And Counties Can Prohibit Guns On Public Property
CITIES AND COUNTIES CAN PROHIBIT GUNS ON PUBLIC PROPERTY April 21, 2009 On April 20, 2009, a unanimous Ninth Circuit U.S. Court of Appeals ruled, in the case ofNordyke, et al v. King, et. al, that local governments can regulate the use of public property which, therefore, allows them to ban guns on such property, […]