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Client Alerts — Law Enforcement

Vol. 39  No. 7 POLICE MAY CONSTITUTIONALLY CONDUCT AN INVENTORY SEARCH OF BELONGINGS WHEN THE PROPERTY IS LAWFULLY RETAINED AND THE SEARCH IS DONE IN COMPLIANCE WITH POLICE REGULATIONS, EVEN AFTER THE INDIVIDUAL HAS BEEN RELEASED

Municipal Law Updates

Attorney General Opines that “State of the City” Events are Brown Act Meetings

Client Alerts — Law Enforcement

Vol. 39  No. 6 QUALIFIED IMMUNITY SHIELDED OFFICER BECAUSE, EVEN IF HER FIFTH AND SIX SHOTS AT DECEDENT WERE UNREASONABLE, IT WAS NOT AN OBVIOUS SITUATION IN WHICH EVERY REASONABLE OFFICER WOULD HAVE UNDERSTOOD THAT THE LAW FORBADE FIRING ADDITIONAL SHOTS AT ALREADY WOUNDED ARMED DECEDENT AS HE CONTINUED TO TRY TO GET UP

Client Alerts — Law Enforcement

Vol. 39 No. 5 A PUBLIC OFFICIAL WHO PREVENTS SOMEONE FROM COMMENTING ON THE OFFICIAL’S SOCIAL-MEDIA PAGE ENGAGES IN STATE ACTION UNDER 42 U.S.C. SECTION 1983 ONLY IF THE OFFICIAL BOTH POSSESSED ACTUAL AUTHORITY TO SPEAK ON THE STATE’S BEHALF ON A PARTICULAR MATTER, AND PURPORTED TO EXERCISE THAT AUTHORITY WHEN SPEAKING IN THE RELEVANT SOCIAL-MEDIA POSTS

Municipal Law Updates

Lindke v. Freed and O’Connor-Ratcliff v. Garnier SCOTUS Clarifies Standard for Plaintiffs to Sue Public Officials for Social Media Restraint

Municipal Law Updates

SCOTUS Clarifies Standard for Plaintiffs to Sue Public Officials for Social Media Restraint – Lindke v. Freed and O’Connor-Ratcliff v. GarnierSCOTUS Clarifies Standard for Plaintiffs to Sue Public Officials for Social Media Restraint –

Municipal Law Updates

Employer Requirements for Workplace Violence Plans Effective July 1, 2024

Client Alerts — Law Enforcement

Vol. 39 No. 4 DELIVERING EVENING MEAL FOUR HOURS BEFORE PRISONER COULD BREAK RELIGION-BASED FAST WAS A SUBSTANTIAL BURDEN ON THE PRISONER’S FREE EXERCISE

Client Alerts — Law Enforcement

Vol. 39 No. 3 TRIAL COURT ERRED IN DETERMINING, AS A MATTER OF LAW, THAT ALL VIDEO FOOTAGE FROM POLICE DRONE PROGRAM WAS EXEMPT FROM PUBLIC RECORDS ACT REQUESTS AS “RECORDS OF INVESTIGATIONS”

Client Alerts — Law Enforcement

Vol. 39 No. 2 TEMPORARY RESTRAINING ORDER ISSUED RESTRAINING CALIFORNIA DOJ FROM ENFORCING REGULATION MANDATING “GENDER OF OFFICER” REPORTING PENDING PRELIMINARY INJUNCTION HEARING

General News

New Cingular Wireless PCS, LLC, D/B/A AT&T Mobility v. City of West Covina

General News

New Cingular Wireless PCS, LLC, D/B/A AT&T Mobility v. City of West Covina

Client Alerts — Law Enforcement

Vol. 39 No. 1 RETIRED PEACE OFFICERS AND THE IMPACT OF SENATE BILL 2 (2023-2024)

Municipal Law Updates

Summary Judgment in Favor of Whittier Officers Affirmed in Illegal Search Warrant Claim

Client Alerts — Law Enforcement

Vol. 38 No. 15 DISTRICT COURT ENTERS INJUNCTION CONCERNING CERTAIN PROVISIONS OF SB 2 CONCERNING “SENSITIVE PLACES”

Municipal Law Updates

Temporary Employees Covered Under Meyers-Milias-Brown Act

Client Alerts — Law Enforcement

Vol. 38 No. 14 NEW LAW AFFECTING CALIFORNIA EMPLOYEES WHO USE MARIJUANA OFF-DUTY RAISES QUESTIONS FOR LAW ENFORCEMENT

Client Alerts — Law Enforcement

Vol. 38 No. 13 NINTH CIRCUIT GRANTS CALIFORNIA ATTORNEY GENERAL’S MOTION FOR PARTIAL STAY PENDING APPEAL OF PENAL CODE SECTION 32310’S BAN ON LARGE-CAPACITY MAGAZINES

Client Alerts — Law Enforcement

Vol. 38 No. 12 AN EMPLOYER DOES NOT OWE A DUTY OF CARE UNDER CALIFORNIA LAW TO PREVENT THE SPREAD OF COVID-19 TO EMPLOYEES’ HOUSEHOLD MEMBERS

General News

Jones Mayer Welcomes New Attorney Rosemary Koo

Client Alerts — Law Enforcement

Vol. 38 No. 11 COURT STRIKES DOWN WARRANTLESS TOWS OF SAFELY AND LEGALLY PARKED CARS WITH UNPAID PARKING TICKETS

General News

Attorney Danielle Williams Joins Jones Mayer

General News

Jones Mayer Welcomes New Attorney

General News

Jones Mayer Leads Successful Appellate Defense in Civil Rights Case

Client Alerts — Law Enforcement

Vol. 38 No. 10 A LAW ENFORCEMENT OFFICER MUST HAVE PROBABLE CAUSE TO BELIEVE THAT A PERSON IS ON ACTIVE PAROLE BEFORE CONDUCTING A SUSPICION-LESS SEARCH OR SEIZURE PURSUANT TO A PAROLE CONDITION

Client Alerts — Law Enforcement

Vol. 38 No. 9 USE OF FORCE PREDICATED ON SUSPICION OF IMPENDING CRIMINAL ACTIVITY WAS NOT SUFFICIENT BASIS FOR DENYING QUALIFIED IMMUNITY FROM CLAIMS BASED ON THOSE ACTS BECAUSE IT WAS OBJECTIVELY REASONABLE

Client Alerts — Law Enforcement

Vol. 38 No. 8 QUALIFIED IMMUNITY APPLIED TO OFFICERS’ WARRANTLESS IN-HOME ARREST WHERE OFFICERS WERE RESPONDING TO A POTENTIAL KIDNAPPING

Client Alerts — Law Enforcement

Vol. 38 No. 7 SUPREME COURT LIMITS GOVERNMENT CODE SECTION 821.6 IMMUNITY FOR INSTITUTING OR PROSECUTING A JUDICIAL PROCEEDING

Client Alerts — Law Enforcement

Vol. 38 No. 6 LETHAL FORCE USED BY OFFICERS AGAINST PERSON ARMED WITH REPLICA GUN WAS JUSTIFIED WHERE THEY REASONABLY BELIEVED THE GUN WAS REAL AND PRESENTED AN IMMEDIATE THREAT WHEN POINTED AT THEM

Client Alerts — Law Enforcement

Vol. 38 No. 5 WHERE STATE ACTORS LEFT TEN-MONTH-OLD TWINS IN A MORE DANGEROUS SITUATION THAN THE ONE IN WHICH THEY FOUND THEM, THE STATE-CREATED DANGER EXCEPTION APPLIED

General News

Jones Mayer Successfully Defends City of Whittier in Trip and Fall Case

Client Alerts — Law Enforcement

Vol. 38 No. 4 PLAINTIFF’S EXCESSIVE FORCE AND FALSE ARREST CLAIMS WERE NOT BARRED BY THE HECK DOCTRINE BECAUSE HIS NO CONTEST PLEA WAS NOT ENTERED AS AN ACTUAL CONVICTION

Client Alerts — Law Enforcement

Client Alert Vol 38 No 3 A TRIAL COURT MAY CONSIDER HEARSAY EVIDENCE WHEN RULING ON A GUN VIOLENCE RESTRAINING ORDER PETITION

Client Alerts — Law Enforcement

Client Alert Vol 38 No 2 DEFENDANT WAS NOT DETAINED WITHIN THE MEANING OF THE FOURTH AMENDMENT BECAUSE A REASONABLE PERSON WOULD VIEW THE DEPUTY’S USE OF A SPOTLIGHT LACKING IN COERCIVE FORCE

Client Alerts — Law Enforcement

Client Alert Vol 38 No 1 INVENTORY SEARCH OF TRUCK PARKED ILLEGALLY BY DRIVER WITHOUT VALID LICENSE ON PRIVATE PROPERTY WAS NOT FOURTH AMENDMENT VIOLATION WHERE VEHICLE WAS IMPOUNDED FOR VALID COMMUNITY CARETAKING PURPOSE

Client Alerts — Law Enforcement

Vol. 37 No. 18 UNDER THE ADMINISTRATIVE SEARCH EXCEPTION, TIRE CHALKING IS NOT A FOURTH AMENDMENT VIOLATION AND CONSEQUENTLY, MUNICIPALITIES ARE NOT REQUIRED TO OBTAIN WARRANTS PRIOR TO CHALKING TIRES

Client Alerts — Law Enforcement

Vol. 37 No. 17 DEPUTIES THAT DID NOT SHOOT AND KILL DECEDENT WERE ENTITLED TO QUALIFIED IMMUNITY ON PLAINTIFF’S EXCESSIVE FORCE CLAIM BECAUSE THEY WERE NOT INTEGRAL PARTICIPANTS IN THE CONSTITUTIONAL VIOLATION

Client Alerts — Law Enforcement

Vol. 37. No. 16 WHERE OFFICER SHOOTS AT SUSPECT RESULTING IN NO INJURIES BUT THEN STOPS, AND THE SUSPECT LATER KILLS HIS HOSTAGES, THERE IS NO ACTIONABLE DEADLY FORCE TORT CLAIM

Client Alerts — Law Enforcement

Vol. 37 No. 15 EN BANC NINTH CIRCUIT COURT CONCLUDES THAT ASSEMBLY BILL 32 VIOLATES THE SUPREMACY CLAUSE

Client Alerts — Law Enforcement

Vol. 37 No. 14 POLICE OFFICER’S PERSONAL FACEBOOK POSTS DENIGRATING RELIGION AND ADHERENTS WARRANTED FIRST AMENDMENT PROTECTION BECAUSE THEY QUALIFIED AS SPEECH ON MATTERS OF PUBLIC CONCERN

Client Alerts — Law Enforcement

Vol. 37 No. 13 A STATE OFFICIAL VIOLATES FIRST AMENDMENT BY CREATING A PUBLICLY ACCESSIBLE SOCIAL MEDIA PAGE RELATED TO HIS OR HER OFFICIAL DUTIES AND THEN BLOCKING CERTAIN MEMBERS OF THE PUBLIC FROM THAT PAGE BECAUSE OF THE NATURE OF THEIR COMMENTS

Client Alerts — Law Enforcement

Vol. 37 No. 12 PERSONNEL RECORDS RELATING TO INVESTIGATION AGAINST A PEACE OFFICER WERE NOT SUBJECT TO DISCLOSURE UNDER PENAL CODE SECTION 832.7 BECAUSE THE OFFICER WAS NOT PROVIDED WITH AN OPPORTUNITY TO APPEAL THE FINDINGS

General News

The Passing of Peter L. Wallin

Client Alerts — Law Enforcement

Vol. 37 No. 11 AFTER DECISION REJECTING TIERED-SCRUTINY ANALYSIS IN SECOND AMENDMENT CASES, SUPREME COURT VACATES CIRCUIT COURT CASES UPHOLDING CONSTITUTIONALITY OF STATES’ LAWS INVOLVING FIREARMS RESTRICTIONS

Client Alerts — Law Enforcement

Vol 37. No. 10 A VIOLATION OF MIRANDA RULES DOES NOT PROVIDE A BASIS FOR A 42 U.S.C. SECTION 1983 CLAIM

Client Alerts — Law Enforcement

Vol 37. No. 9 SUPREME COURT EXPANDS SECOND AMENDMENT RIGHTS, STRIKING DOWN NEW YORK’S “PROPER CAUSE” REQUIREMENT FOR ISSUANCE OF A CCW

Client Alerts — Law Enforcement

Vol. 37 No. 8 CALIFORNIA LAW BANNING SALES OF SEMIAUTOMATIC RIFLES TO YOUNG ADULTS VIOLATED THE SECOND AMENDMENT

General News

Jeremy Warren joins team as an Associate Attorney

General News

Congratulations, Onerous California Bar Exam

Client Alerts — Law Enforcement

Vol. 37 No. 7 PLAINTIFF’S SHOWING THAT THE PROSECUTION ENDED WITHOUT A CONVICTION IS ENOUGH TO SUPPORT THE FAVORABLE TERMINATION ELEMENT OF A 42 U.S.C. SECTION 1983 FOURTH AMENDMENT MALICIOUS PROSECUTION CLAIM

Client Alerts — Law Enforcement

Vol. 37 No. 6 ARREST INFORMATION WAS NOT SUBJECT TO PUBLIC DISCLOSURE BECAUSE THE DISCLOSURE MANDATE IN THE GOVERNMENT CODE REGARDING ARRESTS EXTENDED ONLY TO INFORMATION PERTAINING TO CONTEMPORANEOUS POLICE ACTIVITY

General News, Spotlight

Harold Potter’s “Celebration of Life” Service

Client Alerts — Law Enforcement

Vol. 37 No. 5 A JURY COULD INFER THAT A POLICE OFFICER WAS ACTING WITHIN THE SCOPE OF HIS EMPLOYMENT WHEN HE NEGLIGENTLY LEFT HIS FIREARM IN HIS VEHICLE AFTER RETURNING HOME FROM WORK

General News, Spotlight

The Passing of Harold W. Potter on March 21, 2022

Client Alerts — Law Enforcement

Vol. 37 No. 4 PLAINTIFF POLICE CHIEF’S EMPLOYMENT CONTRACT CREATED A HYBRID EMPLOYMENT RELATIONSHIP BETWEEN CITY AND PLAINTIFF WHERE EMPLOYMENT AS CHIEF WAS AT WILL BUT EMPLOYMENT AS LIEUTENANT WAS NOT AT WILL

Client Alerts — Law Enforcement

Vol. 37 No. 3 DISTRICT COURT CORRECTLY APPLIED THE PURPOSE-TO-HARM TEST BECAUSE POLICE OFFICERS DID NOT HAVE TIME TO DELIBERATE BEFORE SHOOTING DECEDENT

Client Alerts — Law Enforcement

Vol. 37 No. 2 OSHA EMERGENCY RULE REQUIRING EMPLOYEES OF LARGE EMPLOYERS TO BE EITHER FULLY VACCINATED AGAINST THE COVID-19 VIRUS, OR ELSE TO BE MASKED AND WEEKLY TESTED, EXCEEDS OSHA’S STATUTORY AUTHORITY

Client Alerts — Law Enforcement

Vol. 37 No. 1 A POLICE OFFICER WAS ENTITLED TO QUALIFIED IMMUNITY BECAUSE PLAINTIFF JOURNALIST DID NOT IDENTIFY A CLEARLY ESTABLISHED RIGHT THAT THE OFFICER VIOLATED

Client Alerts — Law Enforcement

Vol. 36 No. 26 CALIFORNIA STATUTE PROHIBITING POSSESSION OF LARGE-CAPACITY MAGAZINES IS A REASONABLE FIT FOR THE IMPORTANT GOVERNMENT INTEREST OF REDUCING GUN VIOLENCE

Client Alerts — Law Enforcement

Vol. 36 No. 25 A PLAINTIFF FAILED TO PLAUSIBLY ALLEGE THAT AN OFFICER VIOLATED A DETAINEE’S CONSTITUTIONAL RIGHT TO ADEQUATE MEDICAL TREATMENT