CSSA Magazine Article – POBRA, IA INTERROGATIONS AND THE RIGHT TO COUNSEL

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 of Appeal, 2nd Appellate District, held, in Quezada et al. v. City of Los Angeles, et al., that although, pursuant to the Public Safety Officers’ Procedural Bill of Rights Act […]

CSSA Magazine- Religious Land Use and Institutionalized Persons Act (RLUIPA)

Religious Land Use and Institutionalized Persons Act (RLUIPA) By: Martin J. Mayer, General Counsel California State Sheriffs’ Association The Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc, et seq., prohibits, among other things, the imposition of burdens on the ability of prisoners to worship as they please. It also defines the […]

August 2014 CPOA Magazine- “OFF THE CLOCK” ACTIVITY BY EMPLOYEES – IS IT AUTHORIZED?

“OFF THE CLOCK” ACTIVITY BY EMPLOYEES – IS IT AUTHORIZED? By: Martin J. Mayer, General Counsel- California Peace Officers’ Association Recently, there were two California Court of Appeals decisions which directly relate to whether or not an employee’s off duty activity is considered to be authorized and/or encouraged by the employer? In one case, Jong […]

July 1, 2014 CSSA Magazine Article -FAMILY & MEDICAL LEAVE ACT – BASIC ISSUES

FAMILY & MEDICAL LEAVE ACT – BASIC ISSUES By: Martin J. Mayer, General Counsel- California State Sheriffs’ Association On April 15, 2014, the California Court of Appeal, Second Appellate District, reversed a judgment by the Superior Court of Los Angeles in the case ofWhite v. County of Los Angeles regarding the Family & Medical Leave Act […]

October 2014 CSSA Magazine- NEW SIGNIFICANT “MIRANDA” DECISIONS

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 to remain silent pursuant to Miranda v. State of Arizona, (1966) 384 U.S. 436.  The issue in Miranda was whether “statements obtained from an individual who is subjected to custodial […]

October 2014 CPCA Magazine- PRIVACY ISSUES ARE VERY COMPLEX

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, the California Supreme Court, and the California Court of Appeals have each issued significant decisions affecting privacy rights of peace officers, as well as members of the public. One case […]

CSSA Magazine- January 2015 WORKPLACE INVESTIGATIONS REGARDING ALLEGED MISCONDUCT – PITFALLS TO AVOID

WORKPLACE INVESTIGATIONS REGARDING ALLEGED MISCONDUCT – PITFALLS TO AVOID By: Martin J. Mayer, General Counsel- California State Sheriffs’ Association Investigations of alleged misconduct by employees are inevitable, in virtually all employment environments, but most particularly in law enforcement agencies.  Since, in California, the state law requires that a process exist to enable the public to file complaints against […]

CSSA Magazine- Jail Security Restrictions – Who Decides if They are Reasonable, Judges or Sheriffs?

By: Martin J. Mayer, General Counsel California State Sheriffs’ Association In 1987, the United States Supreme Court established criteria to be considered when deciding if restrictions on inmates by correctional facilities were constitutionally justified. Restrictions could include, but are not limited to, banning contact visits with attorneys and family; requiring shackling of inmates when they […]