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
CITIES AND COUNTIES CAN PROHIBIT GUNS ON PUBLIC PROPERTY April 21, 2009 On April 20, 2009, a unanimous Ninth Circuit U.S. Court of Appeals ruled,
SUPREME COURT LIMITS SEARCHES OF VEHICLES PURSUANT TO ARREST April 22, 2009 In a decision which changes the way “things have been” for almost thirty
ADA AND THE HIRING PROCESS April 28, 2009 In the document entitled, “ADA Enforcement Guidance: Pre-employment Disability Related Questions and Medical Examinations, the United States Equal
COMPULSORY BINDING ARBITRATION FOR LAW ENFORCEMENT AND FIREFIGHTERS DECLARED UNCONSTITUTIONAL April 29, 2009 On April 24, 2009, the First District Court of Appeal, in the
“GETTING PAID FOR GETTING DRESSED”- CURRENT STATUS May 15, 2009 The debate over whether law enforcement officers are entitled to be compensated for getting dressed
U. S. SUPREME COURT REJECTS CHALLENGE TO PROP 215 May 19, 2009 The United States Supreme Court refused to hear the constitutional challenge, lodged by the
U. S. SUPREME COURT RELAXES RULES ON POLICE INTERROGATIONS WITHOUT COUNSEL June 16, 2009 The United States Supreme Court, in a 5 – 4 decision,
“FLSA AND ‘VOLUNTEERISM’ BY EMPLOYEES” June 18, 2009 A number of agencies have recently encountered the question of when, or even if, it is permissible
“MEDICAL MARIJUANA PATIENT CAN SUE FOR VALUE OF DESTROYED MARIJUANA” July 6, 2009 On July 1, 2009, the Third District Court of Appeal ruled, in
A FOLLOW-UP TO “FLSA AND ‘VOLUNTEERISM’ BY EMPLOYEES” July 9, 2009 We recently received an inquiry from a client asking whether the provisions of 29
PRISON LITIGATION UPDATE: THE FEDERAL THREE – JUDGE COURT ISSUED AN ORDER TO REDUCE THE PRISON POPULATION BY 40,000 INMATES August 10, 2009 In our
MEDICAL MARIJUANA DISPENSARIES MUST MEET “PRIMARY CAREGIVER” REQUIREMENTS August 26, 2009 On August 18, 2009, the Fourth District Court of Appeal, issued an opinion in
THE LATEST ON BADGES FROM THE ATTORNEY GENERAL August 26, 2009 The question of whether one can give a badge to a non-peace officer, which
INVESTIGATING A “RECOMMENDATION” FOR MEDICAL MARIJUANA September 1, 2009 On August 26, 2009, the California Court of Appeal concluded, in Bearman v. California Medical Board
DID TASER SHOOT ITSELF IN THE FOOT – WHOOPS, IN THE CHEST? October 26, 2009 On October 12, 2009, Taser International issued Training Bulletin 15.0
NEW LAW PERMITS ISSUANCE OF SEARCH WARRANT TO ENTER HOME TO SEIZE FIREARMS AFTER TAKING “5150” INTO PROTECTIVE CUSTODY OUTSIDE THE HOME December 18, 2009
“SOCIAL NETWORKS” AND USE BY LAW ENFORCEMENT December 21, 2009 A recent flurry of activity has been initiated regarding the manner in which law enforcement utilizes
LIMITATIONS ON PUBLIC EMPLOYEE’S FREEDOM OF SPEECH” December 23, 2009 The “right” of public sector employees to speak out on work-related issues does not, necessarily,
COURT RULES THAT FELONS MUST BE TOLD, SPECIFICALLY, WHICH BODY ARMOR THEY ARE PROHIBITED FROM POSSESSING December 23, 2009 On December 17, 2009, in the case
USE OF TASER IS “ZAPPED” December 29, 2009 On December 28, 2009, a unanimous Ninth Circuit U.S. Court of Appeals restricted when and under what
NO LIMIT ON AMOUNT OF MEDICAL MARIJUANA A QUALIFIED PATIENT CAN POSSESS Janurary 21, 2010 In a unanimous decision on January 21, 2010, the California
THE DISHONEST OFFICER – STILL BEING DEBATED Janurary 26, 2010 The following is a news article about the reinstatement of a Seattle officer who had
Ninth Circuit Approves County Jail Strip Search Policy February 12, 2010 The Ninth Circuit Court of Appeal just issued an en banc opinion in the
SUPREME COURT MODIFIES MIRANDA – ALLOWS RE-INTERROGATION AFTER SUBJECT INVOKES March 1, 2010 In a unanimous decision, the United States Supreme Court modified a long
“CONDUCT CREDITS” UNDER PENAL CODE §4019 APPLY PROSPECTIVELY March 4, 2010 On March 1, 2010, the 5th Appellate District Court of Appeal decided the case
Reinstatement of Fired Seattle Officer Blocked March 5, 2010 On January 26, 2010 we published Client Alert Memo, Vol. 25, No. 2 about a dishonest
“NO COMPENSATION FOR DONNING AND DOFFING” March 26, 2010 On March 25, 2010, the Ninth Circuit U.S. Court of Appeal ruled that the Fair Labor
NO MAGIC WORDS FOR “MIRANDA” WARNINGS April 20, 2010 The United States Supreme Court recently ruled that, although it is necessary to ensure that a
COURTS UPHOLD CLOSURE OF MEDICAL MARIJUANA DISPENSARIES May 17, 2010 In three separate matters, judges in both state and federal courts have recently upheld the
ANOTHER NEW MIRANDA DECISION: SUSPECTS MUST SPEAK UP IN ORDER TO REMAIN SILENT June 3, 2010 On June 1, 2010, the United States Supreme Court
3777 North Harbor Boulevard Fullerton, CA 92835 Telephone: (714) 446 1400 Fax: (714) 446 1448 ** e-mail: receptionist@jones-mayer.com Visit our Web Site: WWW.JONES-MAYER.COM Employee E-Mails,
SUPREME COURT RULES THAT A CITY’S BAN ON HANDGUNS IS UNCONSTITUTIONAL June 28, 2010 In a landmark, but not unexpected, decision, the United States Supreme
DISTRICT ATTORNEYS DEMAND OFFICERS’ DATES OF BIRTH July 28, 2010 Law enforcement agencies have recently been contacted by various county district attorneys, demanding the dates
THE BRAKES ARE PUT ON RED LIGHT CAMERA PROSECUTIONS August 13, 2010 The Appellate Division of the Orange County Superior Court ruled in People v.
QUALIFIED PATIENTS v. ANAHEIM REMANDED FOR FURTHER HEARINGS August 19, 2010 On August 18, 2010, California’s Fourth District Court of Appeal finally acted in the
“BRAKES” ARE NOT A FULL STOP ON RED LIGHT CAMERA PROSECUTION AN UPDATE August 31, 2010 On August 13, 2010, a Client Alert was published
JESSICA’S LAW PLACED “ON HOLD” IN L.A. COUNTY September 3, 2010 On August 31, 2010, Los Angeles Superior Court Judge Peter Espinoza issued an order
L. A. COURT “STAYS” ITS “STAY” ON JESSICA’S LAW September 10, 2010 “Confusion reigns supreme” as Judge Peter Espinoza, who issued an order on August 31,
TOTAL BAN ON TATTOO PARLORS IS UNCONSTITUTIONAL September 14, 2010 On September 9, 2010, the Ninth Circuit, U.S. Court of Appeals, ruled in the case
EXECUTORS OF SEARCH WARRANTS BEWARE. NINTH CIRCUIT DECLARES WARRANT UNCONSTITUTIONALLY “OVERBROAD” AS DEPUTIES SEARCHED FOR ITEMS NOT SPECIFICALLY IDENTIFIED IN SEARCH WARRANT September 16, 2010
AUTHORITY OF GOV. CODE SECTION 31000.6 DOES NOT INCLUDE ORDERING APPOINTMENT OF INDEPENDENT COUNSEL September 27, 2010 Government Code section 31000.6 gives the sheriff (and
RECENT CASE DECISIONS AFFECTING POLICE PSYCHOLOGISTS October 11, 2010 The following material was developed for use as a handout during a presentation to the Police
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. PART OF JESSICA’S LAW APPEARS TO BE UNCONSTITUTIONAL ACCORDING TO L.A. JUDGE
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. CAMRETA V. GREENE GOES TO THE SUPREME COURT
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. CORRECTION REGARDING CAMRETA V. GREENE MEMO In the Client Alert Memo
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. SEIZING VEHICLES AT DUI CHECKPOINTS The question of whether law enforcement
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. NO WARRANT NEEDED TO SEARCH CELL PHONE FOUND ON ARRESTEE January
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. POSSESSION OF AN ASSAULT RIFLE BY AN OFFICER AFTER RETIREMENT IS
DOJ PROPOSED RULE REGARDING SEXUAL ABUSE IN PRISONS AND JAILS January 25, 2011 The U.S. Department of Justice today released a proposed rule to prevent
MARTIN J. MAYER – SUPER LAWYER FOR 2011 February 1, 2011 The firm of JONES & MAYER is proud to announce the selection of its
U.S. ATTORNEY WARNS OAKLAND ABOUT ALLOWING LARGE SCALE CULTIVATION OF MARIJUANA February 4, 2011 Recently, the Oakland City Council passed Ordinance No. 13033 permitting “industrial
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. SHERIFF MAY BE PERSONALLY LIABLE IF HE KNOWS OF VIOLATIONS AND
Aztec Engineering California, Inc. v. City of South Pasadena, Second District Court of Appeal Case No. B221034, 2010 Cal. App. Unpub. LEXIS 6360 Jones &
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. ALL “LOCKUPS” MAY BE SUBJECT TO “RLUIPA.” March 24, 2011 On
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. NINTH CIRCUIT UPHOLDS COUNTY’S RIGHT TO BAN GUN SHOWS ON COUNTY
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. ATTORNEYS MUST REIMBURSE CITIES AND ANY EXCESS FEES INCURRED BY ISSUING
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. PENSION INFORMATION ORDERED TO BE MADE PUBLIC May 17, 2011
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. ANOTHER CHALLENGE TO CALIFORNIA’S LAW ON CONCEALED WEAPON PERMITS May