Vol. 26 No. 11 – Another Challenge To California’s Law On Concealed Weapon Permits
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. ANOTHER CHALLENGE TO CALIFORNIA’S LAW ON CONCEALED WEAPON PERMITS May 31, 2011 On May 13, 2011, in the case of Adam Richards et al. v. County Of Yolo and Yolo County Sheriff Ed Prieto, U. S. District Court Judge Morrison […]
Vol 26. No. 20- Court Upholds City’s Ban On Dispensaries
On August 15, 2011, the City of Anaheim was found to have the legal right to ban medical marijuana dispensaries from the city. Superior Court Judge David Chaffee ruled, in part, that “it is readily apparent that the statute [Medical Marijuana Program Act (MMPA)] does not protect mass distribution [of medical marijuana] from designation by […]
Vol 26. No. 21- OPEN CARRY – Issue Arises Again
To: All Police Chiefs and Sheriffs From: Paul R. Coble, Esq. In December of 2008 our office published a Client Alert Memorandum titled “Citizen Carrying Firearm In Plain View.” (See Vol. 23 No. 23 December 4, 2008) This Client Alert addressed the issue of so-called “Open Carry” of firearms. Recently, the office of a California […]
Vol. 26 No. 22- Public “Open Carry” — Alameda County District Attorney “Point Of View”
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Paul R. Coble, Esq. PUBLIC “OPEN CARRY” — ALAMEDA COUNTY DISTRICT ATTORNEY “POINT OF VIEW” September 1, 2011 Our purpose, indeed our sole raison d’etre as a law firm, is to provide the most accurate, timely legal counsel possible to our law enforcement clients, […]
Vol. 26 No. 27 – DNA Case Accepted By The Supreme Court For Review
DNA CASE ACCEPTED BY THE SUPREME COURT FOR REVIEW In August, 2011 the California Court of Appeal held, in People v. Buza, that the taking of DNA from felony arrestees, immediately after arrest, was an unconstitutional invasion of the arrestee’s right of privacy. The California Supreme Court has accepted the Buza case for review. First […]
Vol. 26 No. 26 – Use of Taser Ruled Unconstitutional By Ninth Circuit
USE OF TASER RULED UNCONSTITUTIONAL BY NINTH CIRCUIT On October 17, 2011, the Ninth Circuit U.S. Court of Appeals issued a ruling in two cases,Mattos v. Agarano and Brooks v. City of Seattle, which were combined by the court, involving the use of the Taser. The court concluded, in an en banc decision, that under […]
Vol. 26 No. 25 – Seizing Vehicles at DUI Checkpoints – Clarification
SEIZING VEHICLES AT DUI CHECKPOINTS – CLARIFICATION On October 13, 2011 we issued a Client Alert Memo entitled “New Rules Limiting Impounding Cars at DUI Checkpoints.” The Memo deals with new legislation, AB 353, signed by into law by Governor Jerry Brown. It takes effect on 1/1/12. Revoked or Suspended LicensesIn the first paragraph of […]
Vol. 26 No. 24 – New Rules Limiting Impounding Cars at Dui Checkpoints
NEW RULES LIMITING IMPOUNDING CARS AT DUI CHECKPOINTS Assembly Bill 353, sponsored by Assemblyman Gil Cedillo, was signed into law by Governor Jerry Brown on October 9, 2011. The Bill imposes new rules to be followed regarding the seizing and impounding of vehicles, driven by unlicensed drivers (VC 12500), at sobriety checkpoints. The authority to […]
Vol. 26 No. 23 – Cities May Ban Medical Marijuana Dispensaries But Cannot Permit Them
CITIES MAY BAN MEDICAL MARIJUANA DISPENSARIES BUT CANNOT PERMIT THEM On October 4, 2011, the Second District Court of Appeal unanimously ruled, in the case of Pack v. Superior Court of Los Angeles County (City of Long Beach), that “the City’s ordinance, which permits and regulates medical marijuana collectives rather than merely decriminalizing specific acts, is preempted […]
Vol. 26 No. 10- Pension Information Ordered To Be Made Public
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. PENSION INFORMATION ORDERED TO BE MADE PUBLIC May 17, 2011 On March 15, 2011, the Ninth Circuit U.S. Court of Appeals ruled that the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) applied to persons temporarily detained at […]