News & Information

Client Alerts — Law Enforcement


July 21, 2017

Vol 32. No. 21 PROPOSITION 47’s RESENTENCING GUIDELINES DO NOT APPLY TO PROCEEDINGS UNDER THE THREE STRIKES REFORM ACT

July 3, 2017, the California Supreme Court, in People v. Valencia, 2017 Cal. LEXIS 4893 (Cal. July 3, 2017), held that Proposition 47’s definition of “unreasonable risk of danger to the public” does not apply to resentencing proceedings under Proposition 36, the Three Strikes Reform Act. Background In November 2012, California voters enacted Proposition 36,…

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July 19, 2017

Vol. 32 No. 20 CLARIFICATION: STATEWIDE APPLICABILITY OF THE ALADS v. SUPERIOR COURT CASE

Yesterday’s client alert memorandum (Vol. 32, No. 19) erroneously suggested the new case of ALADS v. Superior Court only applied in Los Angeles, Ventura, Santa Barbara and San Luis Obispo counties.  That was an error.  The case applies in all superior courts in the State of California until the California Supreme Court depublishes it or…

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July 19, 2017

Vol 32. No. 19 JUST WHEN YOU THOUGHT THE BRADY/PITCHESS DISCUSSION WAS OVER……..

The Second District Court of Appeal in Los Angeles issued a 2-1 opinion on July 11, 2017 in the case of Association for Los Angeles Deputy Sheriffs (“ALADS”) v. Superior Court (Los Angeles County Sheriffs Department) (B280676) which will likely upset the careful balance which had been achieved in handling Brady & Pitchess issues in…

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July 13, 2017

Vol. 32 No. 18 POBAR PROVIDES THAT COPIES OF PRIOR INTERROGATION RECORDINGS MUST BE PROVIDED BEFORE SECOND INTERROGATION

On July 6, 2017, the California Court of Appeal published the case of Ana v. City of Santa Ana, Cal. App. LEXIS 608 (Cal. App. 4th Dist. June 13, 2017) where it held that two Santa Ana police officers’ suits against the City of Santa Ana Police Department (“Department”) can proceed after internal affairs investigators…

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July 5, 2017

Vol. 32 No. 17 PRELIMINARY INJUNCTION GRANTED REGARDING POSSESSION/USE OF HIGH-CAPACITY MAGAZINES

On June 29, 2017, the federal District Court for the Southern District of California, in the case entitled Duncan v. Becerra, 2017 U.S. Dist. LEXIS 101549 (S.D. Cal. June 29, 2017), granted an injunction against implementation of California Penal Code section 32310, which prohibits the possession and use of “high-capacity” weapon magazines on the basis…

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June 28, 2017

Vol. 32 No.16 UNITED STATES SUPREME COURT DECLINES TO DECIDE WHETHER SECOND AMENDMENT PROTECTS THE RIGHT TO BEAR ARMS IN PUBLIC

On June 26, 2017, the United States Supreme Court denied certiorari in the closely followed case of Peruta v. County of San Diego, 824 F.3d 919 (9th Cir. Cal. June 9, 2016).  By declining to review the Ninth Circuit’s decision, the Supreme Court declined an opportunity to clarify whether the Second Amendment protects the right…

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June 27, 2017

Vol. 32 No. 15 NINTH CIRCUIT COURT OF APPEAL HOLDS CALIFORNIA’S 30-DAY VEHICLE IMPOUND LAW VIOLATES 4TH AMENDMENT

On June 21, 2017, the Ninth Circuit Court of Appeals issued an opinion in Brewster v. Beck holding that the 30-day impound of a vehicle seized pursuant to Vehicle Code section 14602.6(a)(1) violated the Fourth Amendment. The panel reversed the District Court’s dismissal of a class action brought under 42 U.S.C. § 1983 alleging that…

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June 8, 2017

Vol. 32 No. 14 NINTH CIRCUIT, EN BANC, HOLDS NO FOURTH AMENDMENT VIOLATION FOR A K9 USE OF FORCE DURING COMMERCIAL BURGLARY INVESTIGATION

On June 6, 2017, the Ninth Circuit Court of Appeal, sitting en banc, issued and published an opinion in Lowry v. City of San Diego wherein plaintiff alleged that the City of San Diego’s policy of training its police K9s to bite and hold individuals resulted in a violation of plaintiff’s Fourth Amendment rights. During…

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