Vol. 25 No. 13- District Attorneys Demand Officers’ Dates Of Birth
DISTRICT ATTORNEYS DEMAND OFFICERS’ DATES OF BIRTH July 28, 2010 Law enforcement agencies have recently been contacted by various county district attorneys, demanding the dates of birth of all their officers so the D.A. can “run” them to determine if they have any criminal convictions. In most cases, the D.A.’s have stated that such action […]
Vol. 26 No. 28 – Cities Win Right To Ban Dispensaries
CITIES WIN RIGHT TO BAN DISPENSARIES Several significant state court decisions have been issued by the California Courts of Appeal over the past few weeks dealing with the issues of medical marijuana. On October 4, 2011, the Second District Court of Appeal ruled, in the case of Pack v. Superior Court of Los Angeles County […]
Vol 26. No. 19- DNA Samples: To Take or Not To Take, That Is The Question?
As most of you know, on August 4, 2011, the California Court of Appeal, First District, unanimously ruled in People v. Buza that “the DNA Act, to the extent it requires felony arrestees to submit a DNA sample for law enforcement analysis and inclusion in the state and federal DNA databases, without independent suspicion, a […]
Vol. 26 No. 18- Public Employees are Entitled to Pre-Disciplinary Due Process
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. PUBLIC EMPLOYEES ARE ENTITLED TO PRE-DISCIPLINARY DUE PROCESS August 9, 2011 The Ninth Circuit U.S. Court of Appeals held, in the case of Walls v. Central Contra Costa Transit Authority (CCCTA), that a permanent public sector employee must be provided […]
Vol. 26 No.17- Collecting DNA From Arrestees Is Unconstitutional
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. COLLECTING DNA FROM ARRESTEES IS UNCONSTITUTIONAL August 8, 2011 On August 4, 2011, the California Court of Appeal, First District, ruled that taking a DNA sample from all felony arrestees violated the Fourth Amendment to the Constitution and is an […]
Vol. 26 No. 16- U.S. Attorney Warns Cities Against Permitting Industrial Marijuana Cultivation Facilities
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. U.S. ATTORNEY WARNS CITIES AGAINST PERMITTING INDUSTRIAL MARIJUANA CULTIVATION FACILITIES July 26, 2011 In a letter dated July, 1, 2011, to Mayor Ann Schwab of the City of Chico, Benjamin B. Wagner, U.S. Attorney for the Eastern District of California, expressed […]
Vol. 26 No. 15- FFBOR – Applies To Chartered Cities And Counties
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. FFBOR APPLIES TO CHARTERED CITIES AND COUNTIES July 25, 2011 On May 24, 2011, the 6th District Court of Appeal held, in the case of International Association of Firefighters Local Union 230 v. City of San Jose, that the Firefighters […]
Vol. 26 No. 14- Supreme Court Rules That A Conflict Of Interest Law Is Not Unconstitutional
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. SUPREME COURT RULES THAT A CONFLICT OF INTEREST LAW IS NOT UNCONSTITUTIONAL June 14, 2011 On June 13, 2011, the United States Supreme Court held, in the case of Nevada Commission on Ethics v. Carrigan that Nevada’s Ethics in Government […]
Vol. 26 No. 13 Camreta V. Greene Vacated By U.S. Supreme Court
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. Camreta v. Greene Vacated by U.S. Supreme Court June 10, 2011 On May 26, 2011, the U.S. Supreme Court held in the case of Camreta v. Greene, that even though the Ninth Circuit U.S. Court of Appeals had granted qualified immunity […]
Vol. 26 No. 11- U.S. Supreme Court Orders Release Of Approximately 44,000 State Inmates
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. U.S. SUPREME COURT ORDERS RELEASE OF APPROXIMATELY 44,000 STATE INMATES May 23, 2011 Today, the United States Supreme Court upheld the order of a three judge federal court, in the case of Coleman/Plata v. Schwarzenegger (now Brown v. Coleman/Plata), which had […]