Vol. 31 No. 21- LAW ENFORCEMENT OFFICERS AND FITNESS FOR DUTY EVALUATIONS
LAW ENFORCEMENT OFFICERS AND FITNESS FOR DUTY EVALUATIONS Attached is a chapter in a newly published book entitled Police Psychology and Its Growing Impact on Modern Law Enforcement. I am most pleased to inform you that Chapter 5, “Current Issues in Psychological Fitness for Duty Evaluations of Law Enforcement Officers” was co-authored by me and […]
Vol. 31 No. 27 SENATE BILL 1189 AMENDS REQUIREMENTS RELATING TO AUTOPSIES
On September 28, 2016, Governor Jerry Brown signed into law Senate Bill (SB) 1189, which amends several California Government Code provisions and adds a new section to the Government Code relating to autopsies as set forth below. This legislation is effective January 1, 2017. Government Code Section 27491.4 SB 1189 amends Government Code section 27491.4 […]
Vol. 31 No. 26- OFFICERS’ PERSONNEL RECORDS MAY BE SUBJECT TO DISCOVERY EVEN IF THEY DIDN’T OBSERVE OR PARTICIPATE IN MISCONDUCT
On December 12, 2016, the 2nd District Court of Appeal held, in Riske v. Superior Court (City of Los Angeles), that Evidence Code 1043 and 1045 (“Pitchess motion”), governing the discovery of peace officer personnel records, is not limited to cases involving officers who either witnessed or committed misconduct. “If a plaintiff can demonstrate the […]
Vol 31. No. 25-THE TRUTH ACT, THE TRUST ACT, ICE DETAINERS AND CALIFORNIA LAW ENFORCEMENT
On September 28, 2016, Governor Jerry Brown signed into law Assembly Bill (AB) 2792, known as the Transparent Review of Unjust Transfers and Holds (TRUTH) Act. The Act imposes obligations on California law enforcement if they notify the Federal Immigration and Customs Enforcement (ICE) Agency of an inmate’s upcoming date and time of release. Current […]
Vol. 31 No. 24- VEHICLE CODE SECTION 31, WHICH PROHIBITS LYING TO AN OFFICER ENGAGED IN OFFICIAL DUTIES, IS CONSTITUTIONAL
On November 18, 2016, the California Court of Appeal, First Appellate District, held in People v. Wilson Morera-Munoz that Vehicle Code Section 31, which criminalizes the making of false statements to law enforcement officers while they are engaged in the performance of their duties under that code, was not an unconstitutional infringement on the First […]
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 […]