Vol. 28 No. 5 – The Enforcement of Federal Laws by Local Law Enforcement
THE ENFORCEMENT OF FEDERAL LAWS BY LOCAL LAW ENFORCEMENT The question currently under discussion in many jurisdictions, throughout the country, focuses on whether states and
THE ENFORCEMENT OF FEDERAL LAWS BY LOCAL LAW ENFORCEMENT The question currently under discussion in many jurisdictions, throughout the country, focuses on whether states and
U.S. SUPREME COURT RESTRICTS USE OF K-9 TO GATHER EVIDENCE OUTSIDE A HOME On March 26, 2013, the United States Supreme Court ruled 5-4, in the
FEDERAL COURT UPHOLDS MARYLAND’S “GOOD CAUSE” REQUIREMENT FOR CCW PERMIT On March 21, 2013, the Fourth Circuit U.S. Court of Appeals, in the case of Woolard;
WHAT ARE “REASONABLE ACCOMMODATIONS” FOR A PEACE OFFICER WITH A DISABILITY? By Martin J. Mayer, General Counsel California State Sheriffs’ Association California’s Fair Employment and
TAKING BLOOD FROM A DUI SUSPECT WILL USUALLY REQUIRE CONSENT OR A WARRANT On April 17, 2013, the United States Supreme Court ruled 8 – 1,
PENDING CALIFORNIA LEGISLATION WHICH WILL REDUCE LAW ENFORCEMENT ACCOUNTABILITY In 2000, the International Association of Chiefs of Police (IACP) issued a publication regarding, among other things,
CALIFORNIA SUPREME COURT RULES CITIES/COUNTIES CAN BAN DISPENSARIES On May 5, 2013, the California Supreme Court put to rest a controversy raging around the scope of
On May 5, 2013, the California Supreme Court put to rest a controversy raging around the scope of the Compassionate Use Act, Cal. Health &
RESPONSES TO LIMITATIONS ON FORCIBLE BLOOD DRAW IN A MISDEMEANOR DUI On April 17, 2013, the United States Supreme Court ruled 8 – 1, in
SUPREME COURT RULES THAT DNA CAN BE TAKEN FROM ARRESTEES WITHOUT A WARRANT On June 3, 2013, in a 5-4 decision, the United States Supreme Court held,
PEACEFUL LABOR PICKETERS CANNOT BE REMOVED FROM PRIVATE PROPERTY BY POLICE UNLESS THE PICKETERS’ ACTIVITY INCLUDES UNLAWFUL CONDUCT In 2012, the California Supreme Court, in
A NON CUSTODIAL SUSPECT MUST INVOKE THE FIFTH AMENDMENT FOR IT TO APPLY On June 17, 2013, the United States Supreme Court, once again addressed
TWO FATAL OIS’s INVOLVING VEHICLES – ONE IS GOOD; ONE IS NOT By: Martin J. Mayer, General Counsel California State Sheriffs’ Association Within one month,
WARRANTLESS SEIZURE WAS LAWFUL; WARRANTLESS SEARCH WAS NOT On June 27, 2013, the California Supreme Court, in a unanimous decision, held in the case of Robey
NAMES OF UC DAVIS OFFICERS INVOLVED IN PEPPER SPRAY CASE ARE SUBJECT TO DISCLOSURE On July 23, 2013, the First Appellate District of the California
AN UNPAID VOLUNTEER IS NOT AN EMPLOYEE FOR PURPOSES OF DISCRIMINATION CLAIM On July 24, 2013, the California Court of Appeal, 2d Appellate District, ruled in
MARIJUANA WHICH “EXCEEDS REASONABLE AMOUNT NEEDED FOR PERSONAL MEDICAL PURPOSES” CAN BE DESTROYED On June 28, 2013, the California Court of Appeal, First Appellate District,
OFFICER’S REPORT OF THE USE OF EXCESSIVE FORCE MAY BE PROTECTED BY THE FIRST AMENDMENT On August 22, 2013, the Ninth Circuit U.S. Court of
LAW ENFORCEMENT OFFICERS MAY BE LIABLE BASED ON TACTICS PRECEDING THE USE OF DEADLY FORCE On August 19, 2013, the California Supreme Court held, in
THE FEDS, MEDICAL MARIJUANA, AND NEW “GUIDELINES” In a memo from Deputy Attorney General, James Cole to “All United States Attorneys,” dated August 29, 2013,
Jones & Mayer is pleased to report that the Third Appellate District of the California Court of Appeals completely supported the position taken by the
NYPD’s Use of Stop and Frisk Declared Unconstitutional By: Martin J. Mayer, General Counsel- California State Sheriffs’ Association On August 12, 2013, federal district court Judge
By: Martin J. Mayer, General Counsel California Peace Officers’ Association Legal issues regarding potential and/or actual incidents of workplace violence is, unfortunately, something which must
A WARRANT CAN NOW BE SECURED TO DRAW BLOOD FROM A MISDEMEANOR DUI SUSPECT On April 18, 2013, JONES & MAYER published a Client Alert
NEW LAW LIMITS EMPLOYER AGENCY’S ACTIONS IF D.A. DECLARES AN OFFICER IS A “BRADY” OFFICER Senate Bill 313, authored by State Senator Kevin De Leon
FEDERAL COURT OF APPEALS DELAYS BAN ON NEW YORK’S “STOP AND FRISK” LAW On October 31, 2013, in an unprecedented move, the 2nd Circuit U.S. Court
U.S. SUPREME COURT REVERSES DENIAL OF QUALIFIED IMMUNITY On November 4, 2013, the United States Supreme Court unanimously reversed a decision by the Ninth Circuit
FIREFIGHTER ENTITLED TO SEE NOTES, KEPT BY SUPERVISOR, REGARDING FIREFIGHTER’S ACTIVITY On November 4, 2013, the California Court of Appeal held, in the case of Poole
The following article is in the current edition of the International Association of Chiefs’ of Police (IACP) magazine and addresses the issue of “whistle blowing”
NEGLIGENT SUPERVISION, CHIEF EXECUTIVES, AND PERSONAL LIABILITY On November 20, 2013 it was reported that Los Angeles County settled a negligent supervision lawsuit, brought by
COURTS LISTEN TO CPCA By: Martin J. Mayer, General Counsel California Police Chiefs’ Association The California Police Chiefs’ Association (CPCA) is well known for its
FEDERAL COURT RULES THAT A WARRANTLESS BREATHALYZER TEST OF AN OFFICER AFTER AN “OIS” IS LAWFUL On November 15, 2013, the Second Circuit U.S. Court of
NINTH CIRCUIT RULES THAT CITIES CANNOT COMPEL MOTELS TO PROVIDE GUEST INFORMATION WITHOUT CONSENT OR A WARRANT On December 24, 2013, an en banc panel
ORDINANCES RESTRICTING SEX OFFENDERS FROM ENTERING PARKS ARE PREEMPTED BY STATE LAW On January 10, 2014, the 4th District Court of Appeal, Division Three, ruledunanimously,
LEGISLATION PROPOSES REPRESENTATION FOR PEACE OFFICERS WHO ARE WITNESSES As of January 30, 2014, Senate Bill 388, proposed by State Senator Ted Lieu (Torrance), has
NINTH CIRCUIT INVALIDATES CALIFORNIA’S “GOOD CAUSE” REQUIREMENT FOR ISSUANCE OF CCW PERMIT On February 13, 2014, in the case of Peruta, et al v. County of
CCW PERMITS, THE NINTH CIRCUIT RULING, AND CONFUSION On February 13, 2014, a three judge panel of the Ninth Circuit U.S. Court of Appeals, in
TAKING DNA FROM ALL PERSONS ARRESTED FOR FELONIES IS UPHELD BY NINTH CIRCUIT On March 20, 2014, the Ninth Circuit U.S. Court of Appeals, in a
CalPERS Sends “Scary” Letter to Retired Annuitants On March 17, 2014, an article appeared in the Los Angeles Daily Journal about Circular Letter No. 200-002-14,
COMMUNICATIONS ON PRIVATE CELL PHONES NOT SUBJECT TO CPRA DISCLOSURE On March 27, 2014, the California Court of Appeal, Sixth Appellate District, overturned a summary judgment
ICE SAYS DETAINERS ARE OPTIONAL Recently, the Acting Director of the U.S. Immigration and Customs Enforcement (ICE), Daniel H. Ragsdale, sent a letter to Congressman
EMPLOYERS MAY REQUIRE A FITNESS FOR DUTY EVALUATION AFTER AN EMPLOYEE IS REINSTATED FROM AN FMLA LEAVE On April 15, 2014, the California Court of
DOUBLE JEOPARDY IN EMPLOYMENT DISCIPLINE By Martin J. Mayer Published by CPOA in “California Peace Officer” on April 15, 2014 In December, 2013, the United
Jones & Mayer selected as City Attorney for Bishop, CA On May 1, 2014, attorney Ryan Jones with Jones & Mayer was selected as the
ANONYMOUS TIP MAY PROVIDE REASONABLE SUSPICION FOR INVESTIGATIVE STOP On April 22, 2014, the United States Supreme Court affirmed the judgment of the California Court of
POLICE OFFICERS WHO SHOT AT THE DRIVER OF A FLEEING VEHICLE TO END A DANGEROUS VEHICLE PURSUIT DID NOT VIOLATE THE FOURTH AMENDMENT AND WERE
SECRET SERVICE AGENTS ARE ENTITLED TO QUALIFIED IMMUNITY FOR RELOCATING PROTESTERS A GREATER DISTANCE FROM THE PRESIDENT THAN SUPPORTERS AFTER UNPLANNED STOP OF MOTORCADE CREATED
CALIFORNIA SUPREME COURT UPHOLDS DISCLOSURE OF OFFICERS’ NAMES Acting in the case of Long Beach Police Officers Association v. City of Long Beach (2014 Cal.
CALIFORNIA SUPREME COURT REJECTS CHALLENGE TO RED LIGHT CAMERAS In the case of People v. Carmen Goldsmith, (Case Number S201443 (June 5, 2014)), the California Supreme
U.S. SUPREME COURT DENIES REVIEW ON CALIFORNIA PRISON CASE On June 9, 2014, the U.S. Supreme Court denied California’s petition for review of the decision
PUBLIC EMPLOYEE’S SUBPOENED TESTIMONY, ALLEGING ILLEGAL ACTIVITY AT HIS AGENCY, IS PROTECTED UNDER THE FIRST AMENDMENT On June 19, 2014, the United States Supreme Court
NINTH CIRCUIT RULES L.A. MUNI CODE, WHICH PROHIBITS USE OF VEHICLE AS “LIVING QUARTERS,” UNCONSTITUTIONAL On June 19, 2014, a three judge panel held, in
U.S. SUPREME COURT RULES POLICE NEED WARRANT TO SEARCH SMARTPHONE On June 25, 2014, the United States Supreme Court, in the case of Riley v. California
FAMILY & MEDICAL LEAVE ACT – BASIC ISSUES By: Martin J. Mayer, General Counsel- California State Sheriffs’ Association On April 15, 2014, the California Court of
ICE Detainers and ACLU Threat of Litigation On July 3, 2014, the American Civil Liberties Union of California (ACLU) sent letters to many city police
In two recent disciplinary arbitrations, Senior Associate Paul Coble prevailed in upholding the termination of a police officer and a civilian evidence technician. In the
Jones & Mayer is excited to announce that attorney Ryan Jones of Jones & Mayer is the new City Attorney for the City of Clearlake,
PROSECUTOR CAN REVIEW OFFICERS’ PERSONNEL FILES TO COMPLY WITH “BRADY” OBLIGATIONS On August 11, 2014, the California First District Court of Appeal held in The People
“OFF THE CLOCK” ACTIVITY BY EMPLOYEES – IS IT AUTHORIZED? By: Martin J. Mayer, General Counsel- California Peace Officers’ Association Recently, there were two California
RIGHTEOUS FITNESS FOR DUTY EVALUATION VIOLATES NO EMPLOYEE RIGHTS On September 3, 2014, the First District CA Court of Appeal unanimously affirmed the right of an
NEW SIGNIFICANT “MIRANDA” DECISIONS By: Martin J. Mayer, General Counsel – California State Sheriffs’ Association The California Supreme Court recently issued two significant decisions affecting a person’s right
PRIVACY ISSUES ARE VERY COMPLEX By: Martin J. Mayer, General Counsel- California Police Chiefs’ Association Over the past few months, the United States Supreme Court,
PROPOSITION 47 – BIG IMPACT ON LAW ENFORCEMENT Although it will not be known until Election Day next week whether or not Proposition 47 passes,
RECENT COURT DECISIONS AFFECTING POLICE PSYCHOLOGISTS [The following court decisions were presented by Martin Mayer at the 2014 International Association of Chiefs’ of Police Annual Conference