Jones & Mayer has been retained by the University of California to serve as special counsel to UC Davis in conducting an internal administrative investigation of the “pepper spray” incident which has received international coverage. Name partner, Martin J. Mayer, was contacted by the UC Office of General Counsel and asked to provide legal advice and guidance to those conducting the investigation to insure compliance with all state laws governing personnel matters involving law enforcement officers.
Vol. 40 No. 4 PENAL CODE SECTION 148(A)(1) DOES NOT REQUIRE THAT THE DEFENDANT KNEW THEY RESISTED, DELAYED, OR OBSTRUCTED A PEACE OFFICER. IT IS ENOUGH FOR A TRIER OF FACT TO FIND THAT THE DEFENDANT KNEW OR REASONABLY SHOULD HAVE KNOWN THE PERSON THEY RESISTED WAS A PEACE OFFICER
In People v. Serna,[1] a California Court of Appeal held