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 […]
Vol. 26 No. 9 – Attorneys Must Reimburse Cities And Any Excess Fees Incurred By Issuing Subpoenas For Police Officers
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. ATTORNEYS MUST REIMBURSE CITIES AND ANY EXCESS FEES INCURRED BY ISSUING SUBPOENAS FOR POLICE OFFICERS May 16, 2011 Recently, the California Court of Appeal ruled, in the case of Maddox v. City of Costa Mesa, 193 Cal. App. 4th 1098 (Cal. […]
Vol. 25 No. 23- Part Of Jessica’s Law Appears To Be Unconstitutional According To L.A. Judge
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. PART OF JESSICA’S LAW APPEARS TO BE UNCONSTITUTIONAL ACCORDING TO L.A. JUDGE On November 1, 2010, Los Angeles Superior Court Judge Peter Espinosa ruled that the 2,000 foot restriction, contained in Jessica’s Law, on sex offenders living near schools or parks, appears […]
Vol. 25 No. 22- Recent Case Decisions Affecting Police Psychologists
RECENT CASE DECISIONS AFFECTING POLICE PSYCHOLOGISTS October 11, 2010 The following material was developed for use as a handout during a presentation to the Police Psychologist’s Section of the International Association of Chiefs of Police (IACP). Wayne Schmidt, Executive Director of Americans for Effective Law Enforcement (AELE), and I serve as liaison between the Legal Officers […]
Authority Of Gov. Code Section 31000.6 Does Not Include Ordering
AUTHORITY OF GOV. CODE SECTION 31000.6 DOES NOT INCLUDE ORDERING APPOINTMENT OF INDEPENDENT COUNSEL September 27, 2010 Government Code section 31000.6 gives the sheriff (and the assessor) the right to independent legal counsel to assist them in the performance of their duties, when a conflict of interest exists between the sheriff (or the assessor) and […]
Vol. 25 No. 2- Executors Of Search Warrants Beware. Ninth Circuit Declares Warrant Unconstitutionally “Overbroad” As Deputies Searched For Items Not Specifically Identified In Search Warrant
EXECUTORS OF SEARCH WARRANTS BEWARE. NINTH CIRCUIT DECLARES WARRANT UNCONSTITUTIONALLY “OVERBROAD” AS DEPUTIES SEARCHED FOR ITEMS NOT SPECIFICALLY IDENTIFIED IN SEARCH WARRANT September 16, 2010 On August 24, 2010, the United States Court of Appeals for the Ninth Circuit issued an opinion inMillender v. County of Los Angeles (07-55518) concerning the scope of search warrants. […]