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Client Alerts — Law Enforcement


April 17, 2019

MARTIN V. CITY OF BOISE – PETITION FOR REHEARING AND REHEARING EN BANC DENIED

The Ninth Circuit Court of Appeals published an order in Martin v. City of Boise1 which denied a petition for panel rehearing, denied a petition for rehearing en banc on behalf of the Court, and declared that no further petitions would be entertained. The Court also provided a slightly amended2 opinion to its earlier opinion…

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April 9, 2019

Vol. 34 No. 15 UNITED STATES SUPREME COURT REJECTS DEATH PENALTY CHALLENGE BY INDIVIDUAL WITH RARE DISEASE

In a 5-4 opinion, the United States Supreme Court majority in Bucklew v. Precythe, 2019 U.S. LEXIS 2477 (Apr. 1, 2019), held that an inmate with a rare condition causing tumors with blood vessels to grow in his neck, head, and throat failed to satisfy the test that two prior Supreme Court cases established to…

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April 9, 2019

Vol. 34 No. 14 DISTRICT COURT DECLARES CALIFORNIA LAW PROHIBITING THE POSSESSION AND USE OF GUN MAGAZINES WITH MORE THAN TEN ROUNDS UNCONSTITUTIONAL

The United States District Court for the Southern District of California recently held, in the case entitled Duncan v. Becerra[1], that California Penal Code section 32310 is unconstitutional. The statute prohibits possession of large-capacity magazines (“LCMs”), defined as those capable of holding more than ten rounds. Background In November 2016, California citizens approved Proposition 63….

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April 3, 2019

Vol. 34 No. 13 COURT OF APPEAL DETERMINES THAT SB 1421 APPLIES TO RECORDS CREATED PRIOR TO JANUARY 1, 2019

On March 29, 2019, the California First District Court of Appeal denied the consolidated petitions for writ of supersedeas filed by the Walnut Creek Police Officers’ Association and several other municipalities (“Appellants”). The Appellants sought to limit the scope of SB 1421 regarding certain categories of peace officer personnel files to only those responsive records…

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April 1, 2019

Vol. 34 No. 12 SHERIFF’S ISSUANCE OF MEMORANDUM RESTRICTING DEPARTMENT COMMUNICATIONS WITH ICE WAS A PROTECTED DISCRETIONARY ACT UNDER CALIFORNIA GOVERNMENT CODE SECTION 820.2

In an opinion issued on March 25, 2019, in the case entitled Steinle v. City & Cnty. of S.F.[1], the Ninth Circuit determined that the question of discretionary immunity raised was controlled by California law, and concluded that Government Code section 820.2 barred plaintiffs’ negligence claim. The Sheriff’s issuance of the memorandum at issue, the…

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March 29, 2019

Vol. 34 No. 11 COURT FINDS THAT STATE LAW REQUIRING SHERIFFS TO HAVE LAW ENFORCEMENT EXPERIENCE IS CONSTITUTIONAL

In an opinion filed on March 18, 2019, the California Second District Court of Appeal in Boyer v. Cnty. of Ventura[1] held that certain law enforcement experience and education requirements for a person to be elected county sheriff as specified in Government Code section 24004.3 were constitutional.  The Court determined that constitutional, statutory, and case…

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March 29, 2019

Vol. 34 No. 10 WARRANTLESS PLACEMENT OF A GPS TRACKER ON A PAROLEE’S CAR WAS PERMISSIBLE IN LIGHT OF UNITED STATES V. JOHNSON

In the March 15, 2019, in the case of United States v. Korte,[1] the Ninth Circuit Court of Appeals affirmed a District Court’s denial of a defendant parolee’s motions to suppress. The Court of Appeals held that the warrantless placement of a GPS tracker on the parolee’s car did not violate the Fourth Amendment. While…

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March 18, 2019

Vol. 34 No. 9 DISTRICT COURT ORDERS INJUNCTION ENJOINING SHERIFF FROM USING BAIL SCHEDULE TO DETERMINE RELEASE OF DETAINEES WHO CANNOT AFFORD BAIL

In the March 4, 2019 case of Buffin v. City & Cnty. of S.F.,[1] the California Northern District Court granted the plaintiffs’ motion for summary judgment challenging the use of San Francisco’s Felony and Misdemeanor Bail Schedule (the “schedule” or “Bail Schedule”) as a basis to release pre-arraignment detainees where the detainees could not afford…

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