CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. U.S. SUPREME COURT ORDERS RELEASE OF APPROXIMATELY 44,000 STATE INMATES May
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. Camreta v. Greene Vacated by U.S. Supreme Court June 10, 2011
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. SUPREME COURT RULES THAT A CONFLICT OF INTEREST LAW IS
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. FFBOR APPLIES TO CHARTERED CITIES AND COUNTIES July 25, 2011
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. U.S. ATTORNEY WARNS CITIES AGAINST PERMITTING INDUSTRIAL MARIJUANA CULTIVATION FACILITIES July
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. COLLECTING DNA FROM ARRESTEES IS UNCONSTITUTIONAL August 8, 2011 On
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Martin J. Mayer, Esq. PUBLIC EMPLOYEES ARE ENTITLED TO PRE-DISCIPLINARY DUE PROCESS August 9,
As most of you know, on August 4, 2011, the California Court of Appeal, First District, unanimously ruled in People v. Buza that “the DNA
On August 15, 2011, the City of Anaheim was found to have the legal right to ban medical marijuana dispensaries from the city. Superior Court
To: All Police Chiefs and Sheriffs From: Paul R. Coble, Esq. In December of 2008 our office published a Client Alert Memorandum titled “Citizen Carrying
CLIENT ALERT MEMORANDUM To: All Police Chiefs and Sheriffs From: Paul R. Coble, Esq. PUBLIC “OPEN CARRY” — ALAMEDA COUNTY DISTRICT ATTORNEY “POINT OF
Martin J. Mayer has been selected as one of southern California’s “Super Lawyers” for 2011. Please see Client Alert for Feb. 1, 2011, Vol. 26,
ATTITUDE CHANGE TOWARDS MEDICAL MARIJUANA? By: Martin J. Mayer, General Counsel California State Sheriffs’ Association The state of California has been attempting to deal with the
Christopher Neumeyer is staffing the La Habra Family Resource Center twice a month with attorneys from our firm to provide legal advice pro bono (without
CITIES MAY BAN MEDICAL MARIJUANA DISPENSARIES BUT CANNOT PERMIT THEM On October 4, 2011, the Second District Court of Appeal unanimously ruled, in the case of Pack
NEW RULES LIMITING IMPOUNDING CARS AT DUI CHECKPOINTS Assembly Bill 353, sponsored by Assemblyman Gil Cedillo, was signed into law by Governor Jerry Brown on
SEIZING VEHICLES AT DUI CHECKPOINTS – CLARIFICATION On October 13, 2011 we issued a Client Alert Memo entitled “New Rules Limiting Impounding Cars at DUI
USE OF TASER RULED UNCONSTITUTIONAL BY NINTH CIRCUIT On October 17, 2011, the Ninth Circuit U.S. Court of Appeals issued a ruling in two cases,Mattos
DNA CASE ACCEPTED BY THE SUPREME COURT FOR REVIEW In August, 2011 the California Court of Appeal held, in People v. Buza, that the taking
INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE LEGAL OFFICERS’ SECTION October 23, 2011 “OFFICER’S PERSONAL CELL PHONES – SUBJECT TO DISCOVERY?” 118th Annual Conference Chicago –
CITIES WIN RIGHT TO BAN DISPENSARIES Several significant state court decisions have been issued by the California Courts of Appeal over the past few weeks
DETERMINING IF AN EMPLOYEE IS FIT OR NOT FIT FOR DUTY – WHAT ARE THE ISSUES? By: Martin J. Mayer, General Counsel California State Sheriffs’
Jones & Mayer has been retained by the University of California to serve as special counsel to UC Davis in conducting an internal administrative investigation
A Police Chief Cannot Be “Removed” Without Notice and an Appeal On December 27 2011, the California Court of Appeal, Fifth District, ruled in the case
COUNTY JAILS, STATE PAROLEES AND ADA On January 13, 2012, Judge Claudia Wilken, of the federal District Court of Northern California, issued an order, in
U.S. SUPREME COURT RULES USE OF GPS TRACKING DEVICE IS A SEARCH In a unanimous decision on January 23, 2012, in United States v. Antoine
“OPEN CARRY” – ISSUE RESOLVED In December of 2008, and August of 2011 our office published a series of Client Alert Memorandums to address potential
AB 1028 – REHIRE OF CalPERS ANNUITANTS Assembly Bill 1028 (AB 1028) was signed by the Governor in October 2011 and became effective January 1,
FOLLOW UP AB 1028 – CalPERS CIRCULAR LETTER – HIRING OF ANNUITANTS When we issued our client alert last week on the changes to hiring
NAMES OF OFFICERS INVOLVED IN AN OIS ARE SUBJECT TO DISCLOSURE UNDER THE CPRA On February 7, 2012, the California Court of Appeal, 2d Appellate
RECENT CASES IMPOSE NEW BURDENS ON LAW ENFORCEMENT By: Martin J. Mayer, General Counsel California State Sheriffs’ Association Two recent court decisions, one from the federal
On February 17, 2012, Senior Litigator Harold W. Potter successfully argued a motion for summary judgment on behalf of the City of Westminster regarding a
QUALIFIED IMMUNITY IS AVAILABLE WHEN ACTIONS ARE OBJECTIVELY REASONABLE On February 22, 2012, in the case of Messerschmidt et al. v. Millender et al., the United
NINTH CIRCUIT SAYS IT’S OK TO TAKE DNA FROM FELONY ARRESTEES On March 1, 2012, the Ninth Circuit U.S. Court of Appeal, in a 2-1
STRIP SEARCHES PERMITTED FOR ALL PERSONS GOING INTO THE GENERAL JAIL POPULATION On April 2, 2012, the United States Supreme Court ruled, in a 5-4 decision, that
WTLC, a domestic violence shelter and provider of transitional housing services, chaired by Partner Kimberly Hall Barlow, was just selected as the Fullerton Chamber of
CONTRACT ATTORNEYS WORKING FOR THE PUBLIC SECTOR CAN ASK FOR QUALIFIED IMMUNITY On April 17, 2012, the United States Supreme Court, in a unanimous decision in
NINTH CIRCUIT: MEDICAL MARIJUANA USE CONSTITUES “ILLEGAL DRUG USE” UNDER THE AMERICANS WITH DISABILITIES ACT Recently, Jones & Mayer were successful in urging the Ninth Circuit
James v. City of Costa Mesa, __ F.3d ___ (2012); 2012 U.S. App. LEXIS 10168. Jones & Mayer was successful in urging the Ninth Circuit
An officer had an extraordinarily low level of arrest activity while working patrol, making only about 30 arrests in an entire year and with most
COUNTY PROPERTY, GUN SHOWS, AND THE SECOND AMENDMENT On June 1, 2012 the Ninth Circuit U. S. Court of Appeal, in a unanimous en banc
CONSTITUTIONAL LAW- PITCHESS MOTIONS Case Name – Rezek v. Superior Court (California Court of Appeal—2012 Cal. App. LEXIS 630—May 25, 2012) Summary – When a defendant
MORE CHANGES TO PERS RULES REGARDING RETIRED ANNUITANTS Pursuant to the Public Employees’ Retirement Law (PERL), once one retires from PERS, he/she can no longer work for
QUALIFIED IMMUNITY DENIED WHEN FORCE IS USED AGAINST NON-THREATENING PERSONS On July 11, 2012, the Ninth Circuit U.S. Court of Appeals upheld the denial of
COURT ORDERS BOARD TO PROVIDE INDEPENDENT LEGAL COUNSEL TO SHERIFF We are very pleased to report that a Superior Court Judge, sitting by assignment from another
PERSONAL PROPERTY LEFT ON A SIDEWALK UNATTENDED – IS IT ABANDONED? On September 5, 2012, the Ninth Circuit U.S. Court of Appeals ruled that the
USE OF “PITCHESS” MOTIONS IN ADMINISTRATIVE DISCIPLINARY APPEALS IS PERMITTED Contrary to what had been believed to be established law, the California Court of Appeal ruled
U.S. SUPREME COURT TO DECIDE DNA CASE On November 10, 2012, the U.S. Supreme Court accepted the case of Maryland v. King for review. At
CALIFORNIA ATTORNEY GENERAL SAYS COMPLIANCE WITH “ICE” DETAINERS IS OPTIONAL Concerns regarding whether local law enforcement has a duty to cooperate with the federal government, and
CONTROLLING DISRUPTIVE BEHAVIOR AT PUBLIC MEETINGS Two recent cases have addressed what cities or counties can do when a person becomes “disruptive” at a city
HOT PURSUIT OF MISDEMEANANTS AND WARRANTLESS ENTRY INTO A HOME AND/OR ITS CURTILAGE On December 3, 2012, the Ninth Circuit U.S. Court of Appeals held,
FEDERAL APPELLATE COURT VOIDS ILLINOIS’ BAN ON CONCEALED WEAPONS On December 12, 2012, the Seventh Circuit U.S. Court of Appeals ruled, in Moore et al. v.
WHEN IS GOVERNMENT SEIZURE OF PERSONAL PROPERTY AND/OR RESTRICTING SPEECH UNCONSTITUTIONAL? By: Martin J. Mayer, General Counsel California State Sheriffs’ Association Several recent court decisions
ALL PEACE OFFICERS NEED TO BE ABLE TO PERFORM EMERGENCY FIELD DUTIES On December 11, 2012, the California 1st District Court of Appeal held, in the
CALIFORNIA SUPREME COURT HEARS ARGUMENTS REGARDING MARIJUANA DISPENSARIES The conflicting opinions from various California Courts of Appeal, regarding the authority of cities and counties to ban
LIEUTENANT “FORGOT” HE CALLED AN INFORMANT JUST BEFORE A RAID; TERMINATION UPHELD In a disciplinary case handled recently by Senior Associate Paul Coble for the
SECURE COMMUNITIES PROGRAM – Mandatory or Optional? By: Martin J. Mayer, General Counsel California Police Chiefs’ Association The Secure Communities (SC) program was created by
SECURE COMMUNITIES PROGRAM: MANDATORY OR OPTIONAL? The Tenth Amendment to the U. S. Constitution states that “The powers not delegated to the United States by
Fire Department Protected With Stay Away Order An individual with a history of confrontation with police was repeatedly harassing members of a city fire department.
Creed-21 v. City of Upland, et al., San Bernardino County Superior Court Case No. CIV RS 1207646 Jones & Mayer successfully challenged an action against
Peace Officers Who Resign Or Are Terminated Do Not Qualify As “Honorably Retired” Peace Officers For Purposes Of Obtaining A Concealed Weapons Permit. On February
U.S. SUPREME COURT RULES IN FAVOR OF DRUG SNIFFING POLICE DOGS By: Martin J. Mayer, General Counsel California Peace Officers’ Association The United States Supreme
Senior Associate Paul Coble successfully represented a Northern California police department in the termination of an officer for having joined with a gun shop employee
Senior Associate Paul Coble recently prevailed on behalf of a Bay Area police department in the termination of a police officer for placing a racist