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 […]
Vol. 31 No. 9 – A NEW FIRST AMENDMENT CASE INVOLVING A PUBLIC EMPLOYEE
A NEW FIRST AMENDMENT CASE INVOLVING A PUBLIC EMPLOYEE On April 26, 2016, the United States Supreme Court, in a 6 – 2 decision, held in Heffernan v. Paterson, New Jersey et al. that a public sector employee’s First Amendment right was violated even though the employee had not, in fact, engaged in protected political […]
Vol. 31 No. 8 – IF A LOADED GUN IS IN A BACKPACK, IS IT BEING CARRIED “ON A PERSON?”
IF A LOADED GUN IS IN A BACKPACK, IS IT BEING CARRIED “ON A PERSON?” On May 9, 2016, the California Supreme Court held, in People v. Wade, that if a person is wearing a backpack which contains a loaded gun, he/she is carrying a loaded gun “on the person” in violation of Penal Code […]
CALIFORNIA SUPREME COURT HOLDS THAT A GOVERNMENT AGENCY’S INADVERTENT DISCLOSURE OF PRIVILEGED DOCUMENTS IN RESPONSE TO A PUBLIC RECORDS ACT REQUEST DOES NOT WAIVE THE PRIVILEGE
On March 17, 2016, the California Supreme Court in Ardon v. City of Los Angeles, 2016 Cal. LEXIS 1572, Case No. S223876 (Mar. 17, 2016), held that the City of Los Angeles’s inadvertent disclosure of privileged documents in response to a Public Records Act request did not waive the privilege under Government Code section 6254.5.[1] […]
Vol. 31 No. 7- JUSTIFIABLE USE OF A “TASER” IS AGAIN ANALYZED BY THE FEDERAL COURT
JUSTIFIABLE USE OF A “TASER” IS AGAIN ANALYZED BY THE FEDERAL COURT On April 5, 2016, the U.S. Court of Appeals for the Ninth Circuit held, inThomas v. Dillard & Palomar Community College District, that a “domestic violence call,” justifies a Terry stop but, with no more information, it does not by itself justify a […]
Vol. 31 No. 6- VEHICLE PURSUIT POLICY MUST BE “PROMULGATED,” AND ANNUAL TRAINING PROVIDED, IN ORDER FOR IMMUNITY TO APPLY
VEHICLE PURSUIT POLICY MUST BE “PROMULGATED,” AND ANNUAL TRAINING PROVIDED, IN ORDER FOR IMMUNITY TO APPLY On April 4, 2016, the Fourth District Court of Appeal held, inMorgan v. Beaumont Police Department, that law enforcement agencies will only get immunity from damages caused during a pursuit if they adopt a policy, promulgate it, and provide […]
Vol. 31 No. 5- NINTH CIRCUIT U.S. COURT OF APPEALS HOLD THAT USE OF K-9 IS “SEVERE” USE OF FORCE
NINTH CIRCUIT U.S. COURT OF APPEALS HOLD THAT USE OF K-9 IS “SEVERE” USE OF FORCE On April 1, 2016, the Ninth Circuit U. S. Court of Appeals, in a 2 – 1 decision, held that summary judgment for the City was improper when “a reasonable jury could find that police officers responding to [a burglar […]
Vol. 33 No. 5 SUPREME COURT DENIES REVIEW OF SECOND AMENDMENT CASE
Silvester v. Becerra, 2018 U.S. LEXIS 897 (U.S. Feb. 20, 2018) On February 20, 2018, the United States Supreme Court denied the petition for a writ of certiorari in Silvester v. Becerra. Justice Clarence Thomas dissented from the denial of certiorari. The case was a challenge to California Penal Code sections 26815 and 27540, which […]
Vol. 32 No. 27 FAILURE TO PROVIDE AMERICAN SIGN LANGUAGE INTERPRETER TO COUNTY JAIL INMATE MAY VIOLATE AMERICANS WITH DISABILITIES ACT
On August 31, 2017, the Ninth Circuit Court of Appeals ruled that a suit could proceed that alleged an Oregon county jail discriminated against a deaf inmate by failing to provide an American Sign Language (“ASL”) interpreter during his pretrial detention.[1] The Court held that a reasonable jury could find that by not providing a […]