News & Information

Client Alerts — Law Enforcement January 26, 2018

Vol. 33 No. 3 OFFICERS ENTITLED TO QUALIFIED IMMUNITY FOR ARREST OF TRESPASSING PARTY GOERS

District of Columbia v. Wesby, 2018 U.S. LEXIS 760 (U.S. Jan. 22, 2018) Facts In March 2008, District of Columbia Metropolitan Police Department received a complaint of loud music and illegal activities at a house in Northeast D.C. The caller, a former neighborhood commissioner, told police that the house had been vacant for several months….

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Client Alerts — Law Enforcement January 24, 2018

Vol. 33 No. 2 COMMUNITY CARETAKER EXCEPTION APPLIES TO SEARCH OF RESIDENCE OF REPORTEDLY SUICIDAL MAN

People v. Ovieda, 2018 Cal. App. LEXIS 34 (2nd Dist. Jan. 17, 2018) Facts In June 2015, the sister of plaintiff Ovieda told a 911 operator that Ovieda threatened to kill himself and had attempted suicide before. Santa Barbara Police Officer Mark Corbett responded to the 911 call. Another officer phoned Ovieda’s friend, Trevor Case,…

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Client Alerts — Law Enforcement January 19, 2018

Vol. 33 No. 1 PANEL OF FIRST DISTRICT COURT OF APPEAL DECLINES TO FOLLOW FELLOW PANEL’S ANALYSIS IN PENSION FORMULA CASE

On January 8, 2018, Division Four of the First District Court of Appeal, in Alameda County Deputy Sheriff’s Association et al. v. Alameda County Employees’ Retirement Association et al.,[1] concluded that because the California Public Employees’ Pension Reform Act of 2013 (“PEPRA” or “AB 197”) effected substantive changes to the County Employees Retirement Law of…

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Client Alerts — Law Enforcement January 19, 2018

Vol. 32 No. 35 NEW STATE LAWS IN 2017 THAT IMPACT CALIFORNIA’S LAW ENFORCEMENT AGENCIES

Several new state laws were passed by the Legislature in 2017 that will impact California’s law enforcement agencies. Brief summaries of relevant new laws are outlined below for informational purposes. Unless otherwise stated, these new laws are effective January 1, 2018. Please consult with your legal counsel for additional details. ASSEMBLY BILLS AB 7 –…

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Client Alerts — Law Enforcement December 13, 2017

Vol. 32 No. 34 WARRANTLESS SEARCH OF PROBATIONER’S RESIDENCE REASONABLE DESPITE OBJECTION OF CO-OCCUPANT

On November 30, 2017, the Ninth Circuit Court of Appeals held, in Smith v. City of Santa Clara, 2017 U.S. App. LEXIS 24307 (9th Cir. Nov. 30, 2017), that the search of a probationer’s residence was permissible under federal law, despite the objection of a co-occupant and the non-presence of the probationer. Facts In October…

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Client Alerts — Law Enforcement November 30, 2017

Vol. 32 No. 33 WARRANTLESS SEARCH OF VEHICLE DASHBOARD CONSOLE IS PERMISSIBLE UNDER THE “AUTOMOBILE EXCEPTION” WHEN SUPPORTED BY PROBABLE CAUSE

On November 13, 2017, the California Court of Appeal for the Sixth Appellate District decided, in the case of People v. Zabala, 2017 Cal. App. LEXIS 996, that the removal of a dashboard console exceeds the scope of a permissible inventory search incident to an arrest without a warrant.  However, the Court also held that…

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Client Alerts — Law Enforcement November 30, 2017

Vol. 32 No. 32 DISTRICT COURT CONCLUDES THAT THE FOURTH AMENDMENT DOES NOT REQUIRE JUDICIAL REVIEW OF ICE OFFICERS’ PROBABLE CAUSE DETERMINATIONS

In June 2017, the United States District Court for the Central District of California, in Roy v. County of Los Angeles,[1] concluded that the Fourth Amendment does not require judicial review of Immigration and Customs Enforcement (“ICE”) officers’ probable cause determinations. Background Plaintiffs Geraldo Gonzalez and Simon Chinivizyan (“Plaintiffs”) are both United States’ citizens.  At…

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Client Alerts — Law Enforcement October 27, 2017

Vol. 32 No. 31 LAS VEGAS POLICE OFFICERS NOT ENTITLED TO QUALIFIED IMMUNITY FOR ARRESTEE’S DEATH FOLLOWING PROLONGED TASING

On October 20, 2017, the Ninth Circuit Court of Appeals decided, in the case of Jones v. Las Vegas Metro. Police Dep’t, 2017 U.S. App, LEXIS 20669, that police officers who repeatedly tased a suspect for 90 seconds were not entitled to qualified immunity and that the case could proceed to trial. The Ninth Circuit…

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