Vol. 22 No. 3 Binding Effect of Spielbauer vs. County of Santa Clara
BINDING EFFECT OF SPIELBAUER vs. COUNTY OF SANTA CLARA March 30, 2007 As a result of the opinion recently issued by the Sixth District California
Vol. 39 No. 15 NINTH CIRCUIT AFFIRMS IN PART AND REVERSES IN PART DISTRICT COURT ORDERS PRELIMINARY ENJOINING THE IMPLEMENTATION OR ENFORCEMENT OF SEVERAL PROVISIONS OF CALIFORNIA LAW THAT PROHIBITS PERSONS WITH CONCEALED-CARRY PERMITS FROM CARRYING FIREARMS ONTO VARIOUS TYPES OF PROPERTY
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
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
BINDING EFFECT OF SPIELBAUER vs. COUNTY OF SANTA CLARA March 30, 2007 As a result of the opinion recently issued by the Sixth District California
TRANSFERS ARE NOT ALWAYS “PUNITIVE” April 23, 2007 Last week the California Court of Appeal reiterated that the transfer of a peace officer is not,
U.S. SUPREME COURT APPROVES PURSUITS TO PROTECT THE PUBLIC April 30, 2007 In a nearly unanimous decision (8-1), the United States Supreme Court, on April
NEW PURSUIT LAW BECOMES EFFECTIVE JULY 1, 2007 May 4, 2007 California ‘s new rules regarding pursuits take effect on July 1, 2007 and must
SPIELBAUER DECISION VACATED! May 9, 2007 The California Supreme Court, on May 9, 2007, granted the petition for review, requested by the County of Santa
“AN OFFICER’S USE OF FORCE: WHAT IS REASONABLE?” July, 2007 By: Martin J. Mayer JONES & MAYER The question of when law enforcement officers are
“RENT TO A POT DISPENSARY-GO TO JAIL” July 18, 2007 Recently, the Federal Drug Enforcement Administration notified approximately 150 Los Angeles landlords that if they
“LOCAL LAWS AUTHORIZING VEHICLE SEIZURES UNLAWFUL” July 30, 2007 A divided California Supreme Court ruled, on July 26, 2007, that local ordinances which allow for
“ISSUING HONORARY BADGES” August 1, 2007 On July 30, 2007, the Office of the Attorney General issued an official opinion (No. 06-307) addressing three questions
“MORE INFO ON BADGES” August 3, 2007 Since the issuance of the Attorney General’s Opinion, No. 06-307, and our Client Alert Memo, Vol. 22, No.
LESS PRIVACY FOR PERSONNEL INFORMATION On Monday, August 27, 2007, the California Supreme Court issued two opinions which declared certain peace officer personnel information available
PUBLIC RECORDS ACT AND FEES It looks like CalAware people are at it again. Many of you may have received a California Public Records Act
PRISONER RELEASE UPDATE October 22, 2007 Previously, we published a Client Alert Memorandum entitled “40,000 INMATES RELEASED TO YOUR COMMUNITIES” regarding the prisoner release
THE COURT TO CALIFORNIA COPS: “GIVE BACK THE DOPE.” December 3, 2007 On November 28, 2007, the California Court of Appeal (Fourth Appellate District) ruled, in
Garden Grove v. Superior Court (Kha) – The Next Step. December 19, 2007 “Kudos” to the Garden Grove City Council! On December 11, 2007, just
TAKE HOME CARS AND THE IRS An issue has arisen regarding whether or not officers who take home cars which belong to the department will
VEHICLES CAN BE TOWED IF.. October 12, 2007 There appears to be significant misunderstanding about the authority of law enforcement to tow/impound vehicles after citing
MEDICAL COSTS OF ARRESTEES – WHO PAYS BEFORE BOOKING? On November 15, 2007 the California Court of Appeal, Fourth District, issued a ruling which substantially
POBR DOES NOT APPLY TO CRIMINAL INVESTIGATIONS Last year, a superior court judge ruled that if an employing agency was conducting a criminal investigation of
COLEMAN/PLATA UPDATE January 4, 2008 In our last update on the prisoner release litigation [Coleman v. Schwarzenegger/ Plata v. Schwarzenegger], we informed you that we
SMOKING MEDICAL MARIJUANA CAN COST YOU YOUR JOB January 28, 2008 The California Supreme Court ruled, on January 24, 2008, in the case of Ross
“THE USE OF MEDICAL MARIJUANA AND ONE’S JOB“ February, 2008 By: Martin J. Mayer General Counsel California State Sheriffs’ Association Your employee goes to your
“STATUS OF LITIGATION REGARDING POTENTIAL RELEASE OF 40,000 STATE PRISONERS” February, 2008 By: Martin J. Mayer General Counsel to CPOA The following is a status
L. A. TIMES v. POST – DISCLOSURE OF OFFICER’S NAMES February 04, 2008 The attached information from POST requires your immediate attention. In order to
L.A. TIMES v. POST – CHANGE IN PROCEDURE February 05, 2008 On February 4, 2008, we published a client alert memo based upon information contained
Re: City of Garden Grove v. Superior Court (Kha) March 20, 2008 Unfortunately, but not unexpectedly, the California Supreme Court denied the City of Garden
TRAVEL TIME TO TRAINING – WHO PAYS? March 26, 2008 From time to time an employee may be required to attend off-site training. Who pays
DISABLED AND SEGREGATED INMATES ENTITLED TO PROGAMS AND FACILITIES March 27, 2008 On March 24, 2008, the Ninth Circuit U. S. Court of Appeals ruled,
SUPERVISORS NOT RESPONSIBLE FOR RETALIATION UNDER FEHA April 10, 2008 A significant “victory” for California employers, and their supervisors, has come about as the result of
“Drug Testing of All Applicants for Municipal Employment is Unconstitutional” May, 2008 By Martin J. Mayer, Esq. and Christopher F. Neumeyer JONES & MAYER As
SUPERVISORS NOT RESPONSIBLE FOR RETALIATION UNDER FEHA May, 2008 By: Martin J. Mayer CPOA Network Newsletter A significant “victory” for California employers, and their supervisors, has come
STATUTORY LIMIT ON MEDICAL MARIJUANA IS UNCONSTITUTIONAL May 27, 2008 In 1996 California voters approved Proposition 215, the Compassionate Use Act [CUA], which granted limited
CPRA & CRITICAL INCIDENTS June 5, 2008 Recently the California Attorney General published an official opinion (No. 07-208) concluding that, absent justification, law enforcement agencies
STATE WILL APPEAL MEDICAL MARIJUANA RULING June 9, 2008 Just last week, on May 27, 2008, we published a Client Alert Memo (Vol. 23, No.
“UNION ACTIVITY AND FIRST AMENDMENT RIGHTS” July, 2008 By: Martin J. Mayer JONES & MAYER On April 24, 2008, the First Circuit U.S. Court of
COLEMAN/PLATA UPDATE July 17, 2008 In our last update on the prisoner release litigation [Coleman v. Schwarzenegger/Plata v. Schwarzenegger], we informed you that all parties,
“POSSESSION OF HANDGUNS – NEW CASE DECISIONS” August, 2008 By: Martin J. Mayer JONES & MAYER In June, 2008, the United States Supreme Court issued
CALIFORNIA’S MEDICAL MARIJUANA ID CARD PROGRAM IS NOT UNCONSTITUTIONAL August 4, 2008 On July 31, 2008, the California Court of Appeal ruled, in County of
EMPLOYEE E-MAILS, CELL PHONES & TEXT MESSAGES – A MATTER OF PRIVACY AUGUST 25, 2008 Recently, the Ninth Circuit, U. S. Court of Appeals issued
AG GUIDELINES REGARDING MEDICAL MARIJUANA AUGUST 27, 2008 The California Attorney General has just released guidelines regarding California’s medical marijuana law, under the authority of
NEWEST MEDICAL MARIJUANA DECISION OCTOBER 22, 2008 On October 16, 2008, the California Supreme Court unanimously denied an application to review a Court of Appeal
INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE SMALLER POLICE DEPARTMENT PROGRAM “MANAGING PERSONNEL THROUGH CORRECTIVE DISCIPLINE”” November, 2008 San Diego, California By: Martin J. Mayer JONES
OFFICERS HAVE NO “RIGHT” TO CONSULT COLLECTIVELY WITH LEGAL COUNSEL FOLLOWING A CRITICAL INCIDENT November 7, 2008 The California Court of Appeal, Second Appellate District,
NEW LAWS GOVERNING SALE OF NONFERROUS METAL November 7, 2008 As the price for certain metals has risen to all-time highs, California cities and counties
CALIFORNIA SUPREME COURT DEFINES “PRIMARY CAREGIVER” UNDER MEDICAL MARIJUANA LAW November 25, 2008 On November 24, 2008, the California Supreme Court, in a unanimous decision, defined
HR 218 TRUMPS LOCAL LAWS December 1, 2008 Recently, an article appeared in the Rapid City (South Dakota) Journal, stating that law enforcement officers could not rely upon the
CITIZEN CARRYING FIREARM IN PLAIN VIEW December 02, 2008 It has recently come to our attention from a variety of points around the State that
U.S. SUPREME COURT REJECTS GARDEN GROVE CASE December 04, 2008 On December 1, 2008, the United States Supreme Court refused to review the case ofGarden Grove
COURT RULES STATE LAW LIMITS PEACE OFFICERS FROM ENTERING A HOME TO SEIZE FIREARMS AFTER TAKING “5150” INTO PROTECTIVE CUSTODY, OUTSIDE OF THE HOME December
MASSACHUSETTS MARIJUANA LAW CREATES CONCERN December 29, 2008 The following article indicates the concern Massachusetts law enforcement has about the potential impact their new marijuana
POLICE NEGLIGENCE DOES NOT ALWAYS TRIGGER THE EXCLUSONARY RULE The United States Supreme Court has ruled, in a 5-4 decision, that “if an officer reasonably
THE DUTY TO TRAIN OFFICERS IS UNAFFECTED BY THE LACK OF REIMBURSEMENT SOURCES January 28, 2009 We have been asked to re-issue the following Client
Re: Spielbauer v. County of Santa Clara February 9, 2009 We are pleased to inform you that the California Supreme Court unanimously overturned the Court of
Federal Court Issues Tentative Order to Release 40,000 and 60,000 Inmates from State Prisons As you may know, the Prison Release Litigation, in the Coleman
L.A. TIMES v. POST – AGREEMENT REACHED REGARDING PROCEDURE February 11, 2008 As a result of the outstanding efforts of William Pettingill, Senior Deputy County
LYBARGER LIVES! SPIELBAUER OVERTURNED BY SUPREME COURT. On February 9, 2009, the California Supreme Court unanimously overturned the decision of the Court of Appeal in the
“A PERSONNEL COMMISSION’S REDUCTION OF A PENALTY MUST BE JUSTIFIED” February 17, 2009 While a personnel board, civil service commission, or hearing officer has discretion to alter
“FEDERAL LAW UPHELD BARRING GUNS FROM THOSE CONVICTED OF DOMESTIC VIOLENCE” February 25, 2009 On February 24, 2009, on a 7-2 vote, the United States
“BRADY” OBLIGATION IMPOSED ON LAW ENFORCEMENT March 18, 2009 On December 8, 2008, the Ninth Circuit U.S. Court of Appeals, in the case of Tennison