ATTORNEY GENERAL STATES AGENCIES CAN NOTIFY D.A. OF NAMES OF OFFICERS WHO “MAY” HAVE BRADY MATERIAL IN THEIR FILES On October 13, 2015, the California
Senior Litigator Harold W. Potter obtained an early dismissal of a police pursuit that resulted in the death of a 13 year old girl and
SUPREME COURT GRANTS QUALIFIED IMMUNITY TO OFFICER WHO FIRES AT FLEEING SUSPECT IN A CAR On November 9, 2015, the United States Supreme Court, in
Peter Krause was a police officer employed by the City of Westminster. The City terminated Krause’s employment after finding that he had committed misconduct that
CAN SPEECH ALONE BE A PENAL CODE 148 VIOLATION? On December 18, 2015, the California Court of Appeal held, in the case of In re
I. Summary Starting January 1, 2016, Senate Bill 533 (“SB 533”) prohibits cities from entering into agreements with businesses that involve the city making payments
TASER USE RESTRICTED BY 4th CIRCUIT U.S. COURT OF APPEALS On January 11, 2016, the 4th Circuit U.S. Court of Appeals held, in the case
Senior Litigator Harold W. Potter obtained a nonsuit on January 14, 2016, after the close ofplaintiff’s evidence, in a case entitled Teresa Silva v. City
NEW “GUN VIOLENCE RESTRAINING ORDER” IN EFFECT AS OF 1/1/16 As of January 1, 2016, AB 1014, the “Gun Violence Restraining Order” (“GVRO”) went into
On December 18, 2015, the United States Court of Appeals for the Fourth Circuit issued an important ruling upholding the Federal Communication Commission’s (“FCC”) regulations
PERF PUBLISHES TROUBLING “PRINCIPLES” CONCERNING USE OF FORCE On January 29, 2016, the Police Executive Research Forum (“PERF”) issued a 12-page policy statement entitled “Use
NEGLIGENT SUPERVISION AND EXECUTIVE LIABILITY Following is an article I wrote for the current issue of “The Police Chief” magazine, which is published by the
I. SUMMARY Senate Bill- 876 entitled “Homelessness” was introduced by Senator Liu on January 14, 2016. If passed, this bill will amend the Government Code
PLACENTIA, CA – On February 25, 2016, MALDEF and the City of Placentia reached an agreement on how to proceed with providing Latinos equal voting
NINTH CIRCUIT U.S. COURT OF APPEALS HOLD THAT USE OF K-9 IS “SEVERE” USE OF FORCE On April 1, 2016, the Ninth Circuit U. S. Court
VEHICLE PURSUIT POLICY MUST BE “PROMULGATED,” AND ANNUAL TRAINING PROVIDED, IN ORDER FOR IMMUNITY TO APPLY On April 4, 2016, the Fourth District Court of
JUSTIFIABLE USE OF A “TASER” IS AGAIN ANALYZED BY THE FEDERAL COURT On April 5, 2016, the U.S. Court of Appeals for the Ninth Circuit
On March 17, 2016, the California Supreme Court in Ardon v. City of Los Angeles, 2016 Cal. LEXIS 1572, Case No. S223876 (Mar. 17, 2016),
IF A LOADED GUN IS IN A BACKPACK, IS IT BEING CARRIED “ON A PERSON?” On May 9, 2016, the California Supreme Court held, in
A NEW FIRST AMENDMENT CASE INVOLVING A PUBLIC EMPLOYEE On April 26, 2016, the United States Supreme Court, in a 6 – 2 decision, held
NINTH CIRCUIT RULES THAT “GOOD CAUSE” REQUIREMENT FOR CCW PERMIT DOES NOT VIOLATE THE SECOND AMENDMENT On June 9, 2016, an “en banc” panel (11
U.S. SUPREME COURT UPHOLDS WARRANTLESS BREATH TESTS INCIDENT TO ARREST FOR DUI ARRESTS; REJECTS WARRANTESS BLOOD TESTS INCIDENT TO DUI ARREST In a June 23,
U.S. SUPREME COURT OVERRULES UTAH STATE COURT SUPPRESSION OF EVIDENCE FOUND IN SEARCH FOLLOWING WARRANT ARREST AFTER ILLEGAL DETENTION In a June 20, 2016 decision,
On July 5, 2016, The Court of Appeal, Second Appellate District, ruled in the City’s favor on an Writ of Mandate case. Rudy Castaneda received
Jamaar Boyd Weatherby was selected as one of California’s Rising Stars in the field of general litigation. Super Lawyers selects attorneys to receive this recognition
ARE RECORDS REGARDING GOVERNMENT BUSINESS SUBJECT TO THE CPRA IF THEY ARE ON PRIVATE CELL PHONES OR E-MAIL ACCOUNTS? On July 5, 2016, the United
THE “IN CAR” VIDEO OF AN ARREST, USED IN AN I.A. INVESTIGATION, DOES NOT BECOME A “PERSONNEL RECORD” On July 19, 2016, the First District
Summary On April 4, 2016, the California Court of Appeal in Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) held that
I. Summary The California Supreme court recently held in People v. Hubbard, 63 Cal. 4th 378 (2016) that a school superintendent was properly convicted of
On August 16, 2016, the Ninth Circuit U.S. Court of Appeal, in United States v. McIntosh, vacated the orders of lower courts denying relief to
AN ARREST WITHOUT THE FILING OF AN ACCUSATORY PLEADING IS JUST A DETENTION On August 1, 2016, the California Court of Appeal, 2nd District, held,
J&M Successfully Defeats Motion in Murder Case On September 2, 2016, Jones & Mayer successfully represented the County of Stanislaus and Sheriff Adam Christianson in
FEDERAL BAN ON THE SALE OF FIREARMS TO MEDICAL MARIJUANA CARD HOLDERS DOES NOT VIOLATE THE SECOND AMENDMENT On August 31, 2016, a three judge
POBRA, IA INTERROGATIONS AND THE RIGHT TO COUNSEL By: Martin J. Mayer, General Counsel – California State Sheriffs’ Association On January 8, 2014, the California Court
CITY’S BANKRUPTCY PLAN DOESN’T DISCHARGE PERSONAL DAMAGES AWARD AGAINST OFFICER On September 8, 2016, the Ninth Circuit U.S. Court of Appeals held, in Deocampo v.
HOW TO REPORT CHANGES IN ARREST STATUS TO DOJ Recently, we issued a Client Alert Memo entitled “An Arrest Without the Filing of an Accusatory
LAW ENFORCEMENT OFFICERS AND FITNESS FOR DUTY EVALUATIONS Attached is a chapter in a newly published book entitled Police Psychology and Its Growing Impact on
CREATING A “SPECIAL RELATIONSHIP” CAN CREATE LIABILITY On October 6, 2016, the Fifth District Court of Appeal issued an opinion in the case of Doe,
Designed to provide relief from California’s housing shortage, Senate Bill 1069 and Assembly Bill 2299 (collectively “SB 1069,” effective January 1, 2017) limit city authority
Proposition 64, the California Marijuana Legalization Initiative, was on the November 8, 2016, ballot in California as an initiated state statute. Supporters referred to the
On November 18, 2016, the California Court of Appeal, First Appellate District, held in People v. Wilson Morera-Munoz that Vehicle Code Section 31, which criminalizes
Summary Recently Governor Brown approved three separate bills that impose additional administrative requirements on financial processes that cities commonly encounter. Starting January 1, 2017, cities
On September 28, 2016, Governor Jerry Brown signed into law Assembly Bill (AB) 2792, known as the Transparent Review of Unjust Transfers and Holds (TRUTH)
On December 12, 2016, the 2nd District Court of Appeal held, in Riske v. Superior Court (City of Los Angeles), that Evidence Code 1043 and
On September 28, 2016, Governor Jerry Brown signed into law Senate Bill (SB) 1189, which amends several California Government Code provisions and adds a new
It is with deep sadness that we announce the unexpected passing of Martin J. Mayer; simply “Marty” to thousands of you throughout the state and
It is with the deepest of sadness and grief that the Law Offices of Jones & Mayer informs you of the unexpected passing of Martin
Senate Bill 1266 (“SB 1266”) provides that joint power agencies that, (1) have a city as a member and, (2) that were formed to provide
On January 10, 2017, a California Court of Appeal found that it was unconstitutional to prevent a grand jury from issuing indictments in fatal police
Martin J. Mayer’s “Celebration of Life” service will be held on Saturday, March 4, 2017 at 10:00 AM at the Rose Center Theatre, located at