Vol. 31 No. 23-PROPOSITION 64 AND PEACE OFFICERS – CAN THEY NOW LEGALLY USE MARIJUANA?
Proposition 64, the California Marijuana Legalization Initiative, was on the November 8, 2016, ballot in California as an initiated state statute. Supporters referred to the initiative as the Adult Use of Marijuana Act but its official title was the Control, Regulate and Tax Adult Use of Marijuana Act (“the Adult Use of Marijuana Act”). It […]
Vol. 31. No. 22- CREATING A “SPECIAL RELATIONSHIP” CAN CREATE LIABILITY
CREATING A “SPECIAL RELATIONSHIP” CAN CREATE LIABILITY On October 6, 2016, the Fifth District Court of Appeal issued an opinion in the case of Doe, et al. v. City of Modesto, et al. and held that Modesto police officers created a special relationship with the family of a mentally ill woman by promising to take […]
Vol. 31 No. 3- PERF PUBLISHES TROUBLING “PRINCIPLES” CONCERNING USE OF FORCE
PERF PUBLISHES TROUBLING “PRINCIPLES” CONCERNING USE OF FORCE On January 29, 2016, the Police Executive Research Forum (“PERF”) issued a 12-page policy statement entitled “Use of Force: Taking Policing to a Higher Standard; 30 Guiding Principles.” In it, PERF basically advocates 13 separate policy recommendations, concerning tactics, training and equipment. Several of the policy recommendations […]
Vol. 31 No. 2- NEW “GUN VIOLENCE RESTRAINING ORDER” IN EFFECT AS OF 1/1/16
NEW “GUN VIOLENCE RESTRAINING ORDER” IN EFFECT AS OF 1/1/16 As of January 1, 2016, AB 1014, the “Gun Violence Restraining Order” (“GVRO”) went into effect. This new law pertains to individuals who own/possess/have access to any firearm or any ammunition and, by a finding of a court, who pose an immediate threat to themselves […]
Vol. 31 No 1. TASER USE RESTRICTED BY 4th CIRCUIT U.S. COURT OF APPEALS
TASER USE RESTRICTED BY 4th CIRCUIT U.S. COURT OF APPEALS On January 11, 2016, the 4th Circuit U.S. Court of Appeals held, in the case of Armstrong v. Village of Pinehurst et al, that the Fourth Amendment prohibits the use of a taser [an electronic control device (ECD)], unless the police can articulate an “immediate […]
Vol. 30 No. 27 CAN SPEECH ALONE BE A PENAL CODE 148 VIOLATION?
CAN SPEECH ALONE BE A PENAL CODE 148 VIOLATION? On December 18, 2015, the California Court of Appeal held, in the case of In re Chase C.,that a minor did not violate PC 148 when he encouraged others to not cooperate with a sheriff’s deputy. The court stated that “we are asked to decide a […]
Vol. 31 No. 4- NEGLIGENT SUPERVISION AND EXECUTIVE LIABILITY
NEGLIGENT SUPERVISION AND EXECUTIVE LIABILITY Following is an article I wrote for the current issue of “The Police Chief” magazine, which is published by the International Association of Chiefs’ of Police (IACP) and distributed nationally and internationally to all members of IACP. As we all know, the current environment reflects open hostility by certain members […]
Vol. 31 No. 12- U.S. SUPREME COURT OVERRULES UTAH STATE COURT SUPPRESSION OF EVIDENCE FOUND IN SEARCH FOLLOWING WARRANT ARREST AFTER ILLEGAL DETENTION
U.S. SUPREME COURT OVERRULES UTAH STATE COURT SUPPRESSION OF EVIDENCE FOUND IN SEARCH FOLLOWING WARRANT ARREST AFTER ILLEGAL DETENTION In a June 20, 2016 decision, the United States Supreme Court acted by a five to three vote to overturn a Utah Supreme Court decision suppressing evidence found in a search incident to an arrest. The […]
Vol. 31 No. 11- U.S. SUPREME COURT UPHOLDS WARRANTLESS BREATH TESTS INCIDENT TO ARREST FOR DUI ARRESTS; REJECTS WARRANTESS BLOOD TESTS INCIDENT TO DUI ARREST
U.S. SUPREME COURT UPHOLDS WARRANTLESS BREATH TESTS INCIDENT TO ARREST FOR DUI ARRESTS; REJECTS WARRANTESS BLOOD TESTS INCIDENT TO DUI ARREST In a June 23, 2016 decision, the United States Supreme Court acted by a five to three vote to uphold warrantless BAC breath testing of persons lawfully arrested for DUI, and both civil and […]
Vol. 31 No. 10- NINTH CIRCUIT RULES THAT “GOOD CAUSE” REQUIREMENT FOR CCW PERMIT DOES NOT VIOLATE THE SECOND AMENDMENT
NINTH CIRCUIT RULES THAT “GOOD CAUSE” REQUIREMENT FOR CCW PERMIT DOES NOT VIOLATE THE SECOND AMENDMENT On June 9, 2016, an “en banc” panel (11 justices, in an 8-3 decision) of the Ninth Circuit U.S. Court of Appeal held, in Peruta v. County of San Diego, that there is no constitutional right to carry a […]