Recent News: 

–          Martin Mayer presented a legal update at the International Association of Chiefs of Police (IACP) annual conference in Orlando, Florida to the Police Psychologist Section.

–          Martin Mayer, Jim Touchstone and Denise Rocawich were successful in opposing a writ petition brought by the Stanislaus County Deputy Sheriffs’ Association against Sheriff Adam Christianson and Stanislaus County.

–          The DSA sought to have Custodial Deputies who are sworn under Penal Code sec. 830.1(c) declared full time peace officers who are authorized to carry concealed weapons while off duty.  However, as was brought to the court’s attention, the statute states, specifically, that those officers are peace officers ONLY when carrying out their custodial duties as set forth in the statute.

–      J&M provided the court with four published opinions from three different California Attorneys General, as well as published decisions from the California Court of Appeal and the California Supreme Court, which all held that the mere designation of being a peace officer doesn’t exempt one from the prohibition on carrying a concealed weapon.  One must also possess the “power and/or authority” of a peace officer.  The court acknowledged that one may still be designated as a peace officer but not possess the requisite authority – for example, when placed on administrative leave pending a fitness for duty evaluation.

–          In addition, the DSA agreed with our argument that a custodial deputy does not have peace officer authority, while on duty, but not carrying out custodial functions.  As such, the court stated:  “If an on-duty Custodial Deputy engaged in activities other than those related to his or her custodial assignments is not exempt from the provisions of Section 25400, it makes absolutely no sense to argue that an off-duty Custodial Deputy, who would obviously not be engaged in the performance of his or her custodial duties, should be exempt from the provisions of Section 25400.”