News & Information

Client Alerts — Law Enforcement


January 14, 2020

Vol. 35 No. 5 PENAL CODE SECTION 632.7 PROHIBITS ONLY THIRD-PARTY EAVESDROPPERS, NOT THE PARTICIPANTS IN A PHONE CALL THEMSELVES, FROM INTENTIONALLY RECORDING TELEPHONIC COMMUNICATIONS

The California Fourth District Court of Appeal held, in Smith v. LoanMe, Inc.,[1] that a plaintiff failed to state a claim in arguing that a defendant business violated a provision in the California Invasion of Privacy Act (“Privacy Act”) (Penal Code section 630, et seq.) by recording its call with the plaintiff.  The Court concluded…

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January 14, 2020

Vol. 35 No. 4 CALIFORNIA SUPREME COURT CONCLUDES THAT A SECRET RECORDING OF A PHONE CONVERSATION WAS NOT BARRED BY A PRIVACY PROVISION BECAUSE THAT PROVISION HAD BEEN REPEALED BY THE “RIGHT TO TRUTH-IN-EVIDENCE” PROVISION IN THE STATE CONSTITUTION

In the case of People v. Guzman,[1] the Supreme Court of California found that a surreptitious recording was properly admitted into evidence in a defendant’s trial for committing a lewd and lascivious act upon a child.  The Court concluded that the “Right to Truth-in-Evidence” provision in the state constitution enacted as a result of the…

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January 8, 2020

Vol. 35 No. 3 GOVERNOR GAVIN NEWSOM APPROVES ASSEMBLY BILL 1600 AMENDING PITCHESS MOTION REQUIREMENTS

On October 8, 2019, Governor Gavin Newsom approved Assembly Bill 1600 (“AB 1600”) to amend California Evidence Code Sections 1043 and 1047 related to motions to discover peace officer or custodial officer personnel records, more commonly known as Pitchess motions.  The amendment effectively shortens notice requirements and accelerates the timeframe for responding to such motions…

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January 7, 2020

Vol. 35 No. 2 PLAINTIFF’S STATE RETALIATION CLAIM NOT PRECLUDED BY STATE ADMINISTRATIVE AGENCY’S DECISION

The Ninth Circuit Court of Appeals held in Bahra v. Cnty. of San Bernardino[1] that a state administrative agency’s ruling did not preclude a plaintiff’s California Labor Code section 1102.5 action alleging retaliation for whistleblowing activities. Background Plaintiff Eric Bahra worked as a social services practitioner for Defendant San Bernardino County’s Department of Children and…

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January 6, 2020

Vol. 35 No. 1 NINTH CIRCUIT RULES THAT DISTRICT COURT ABUSED ITS DISCRETION IN PRECLUDING TESTIMONY CONCERNING MENTAL ILLNESS OF DECEDENT OF WHICH OFFICER WAS UNAWARE AT TIME OF INCIDENT

In the case entitled Crawford v. City of Bakersfield,[1] the Ninth Circuit Court of Appeals vacated a district court’s judgment in favor of a police officer after a jury trial found in favor of the officer for the fatal shooting of an individual that was attacking the officer with a metal club.  During the incident,…

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December 18, 2019

Vol. 34 No. 41 IN DOMESTIC VIOLENCE CASE, NINTH CIRCUIT DETERMINES THAT THE STATE-CREATED DANGER DOCTRINE MAY APPLY WHEN OFFICER COMMENTS CONVEY TO ABUSER THAT ABUSE MAY CONTINUE

In the case of Martinez v. City of Clovis,[1] the Ninth Circuit Court of Appeals determined that two police officers violated a domestic abuse victim’s due process rights under the state-created danger doctrine due to their conduct, yet were entitled to qualified immunity because the law did not clearly established the violation at the time….

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December 10, 2019

Vol. 34 No. 40 AS OF JANUARY 1, 2020, EVERY LOCAL LAW ENFORCEMENT AGENCY IS REQUIRED TO CONSPICUOUSLY POST ON THEIR WEBSITES ALL CURRENT STANDARDS, POLICIES, PRACTICES, OPERATING PROCEDURES, AND EDUCATION AND TRAINING MATERIALS THAT WOULD OTHERWISE BE PUBLICLY AVAILABLE UPON A CPRA REQUEST

In October 2018, then Governor Jerry Brown signed Senate Bill 978 (SB 978) into law.  Effective January 1, 2020, the Commission on Peace Officer Standards and Training (POST) and each local law enforcement agency are required to “conspicuously post” on their Internet Web sites “all current standards, policies, practices, operating procedures, and education and training…

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December 6, 2019

Vol. 34 No. 39 SOUTHERN DISTRICT FINDS CITY SEX OFFENDER RESIDENCY ORDINANCE PREEMPTED BY STATE LAW

On November 19, 2019, the United States District Court for the Southern District of California in the case of John Doe #1 and John Doe #2 v. City of San Diego, granted a motion for partial summary judgment filed by two plaintiffs, each a sex offender subject to a lifetime requirement to register with local…

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