News & Information

Client Alerts — Law Enforcement August 2, 2018

Vol. 33 No. 24 OFFICERS HAD REASONABLE SUSPICION TO BELIEVE THAT SUSPECT WAS ENGAGED IN CRIMINAL ACTIVITY UNDER THE TOTALITY OF THE CIRCUMSTANCES

In a decision entitled United States v. Luckett, 2018 U.S. App. LEXIS 18456 (9th Cir. July 6, 2018), the Ninth Circuit Court of Appeals affirmed the denial of a defendant’s motion to suppress evidence because police had reasonable suspicion under the totality of the circumstances that defendant was engaged in criminal conduct.  Though each of…

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Client Alerts — Law Enforcement July 27, 2018

Vol. 33 No. 23 POBRA STATUTE OF LIMITATIONS ACCRUAL DATE NOT APPLICABLE AT THE POINT IN TIME WHEN A SENIOR OFFICER, WHO WAS NOT A PERSON “AUTHORIZED TO INITIATE AN INVESTIGATION”, RECEIVED EVIDENCE OF MISCONDUCT

In Daugherty v. City and County of San Francisco, 24 Cal. App. 5th 928 (1st Dist. 2018), published in July 2018, the California First District Court of Appeal found disciplinary charges were timely where a senior officer aware of officer misconduct was not deemed “a person authorized to initiate an investigation.”  Alternatively, the Court also…

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Client Alerts — Law Enforcement July 27, 2018

Vol. 33 No. 22 NINTH CIRCUIT RULES THAT SECOND AMENDMENT PROTECTS THE RIGHT TO OPEN CARRY OF FIREARM

On July 24, 2018, the Ninth Circuit Court of Appeals decided, in the case of Young v. State of Hawaii, 2018 U.S. App. LEXIS 20525, that the Second Amendment to the U.S. Constitution protects the right to openly bear arms in public for self-defense. The Court held that a Hawaii statute that required an individual…

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Client Alerts — Law Enforcement July 23, 2018

Vol. 33 No. 21 DISTRICT COURT ORDER IN IMMIGRATION CASE DENIES, IN PART, AND GRANTS, IN PART, THE FEDERAL GOVERNMENT’S MOTION FOR PRELIMINARY INJUNCTION

In the case of United States v. California, 2018 U.S. Dist. LEXIS 112055 (E.D. Cal. July 5, 2018), a motion by the United States of America (“United States” or “Plaintiff”) for a preliminary injunction was denied in part and granted in part by the California Eastern District Court. The United States had sought to enjoin…

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Client Alerts — Law Enforcement July 13, 2018

Vol. 33 No. 20 ABOOD OVERTURNED; PUBLIC SECTOR AGENCY-SHOP ARRANGEMENT REQUIRING DUES FROM NON-MEMBERS CONTRAVENES FIRST AMENDMENT

On June 27, 2018, in the case of Janus v. AFSCME, Council 31, 2018 U.S. LEXIS 4028 (U.S. June 27, 2018), the Supreme Court of the United States held that public sector employees who are represented by a union but who have refused to join as members are not required to pay a fee to…

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Client Alerts — Law Enforcement July 6, 2018

Vol. 33 No. 19 NINTH CIRCUIT GRANTS QUALIFIED IMMUNITY FOR USE OF FORCE, BUT PERMITS ADA AND REHABILITATION ACT CLAIMS TO PROCEED

On June 11, 2018, in the case of Vos v. City of Newport Beach, 2018 U.S. App. LEXIS 15633 (U.S. June 11, 2018), the Ninth Circuit Court of Appeals decided that a reasonable jury could conclude the officers’ deadly use of force constituted excessive force thereby violating the individual’s Fourth Amendment rights.  However, the Court…

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Client Alerts — Law Enforcement June 26, 2018

Vol. 33 No. 18 CALIFORNIA COURT OF APPEAL FINDS THAT GOVERNMENT CODE SECTION 7522.72 IS CONSTITUTIONAL

On June 19, 2018, in the case of Hipsher v. Los Angeles County Employees Retirement Assn., 2018 Cal. App. LEXIS 561, the California Court of Appeal held that California Government Code Section 7522.72 was constitutional as applied to the present case, where Hipsher’s vested retirement benefits were reduced due to his gambling conduct which was…

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Client Alerts — Law Enforcement June 26, 2018

Vol. 33 No. 17 PEACE OFFICERS MUST GENERALLY OBTAIN A WARRANT SUPPORTED BY PROBABLE CAUSE BEFORE OBTAINING HISTORICAL CELL-SITE LOCATION INFORMATION

In the course of executing its various functions, a cell phone continually searches for the best signal and typically connects to the nearest site of radio antennas on towers or other locations, called cell sites. With every connection, a time-stamped record is created. The record generated is called “cell-site location information” or CSLI. This information…

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