News & Information

Client Alerts — Law Enforcement


April 9, 2018

Vol. 33 No. 11 OFFICER IS ENTITLED TO QUALIFIED IMMUNITY WHERE OFFICER’S ACTIONS DO NOT VIOLATE CLEARLY ESTABLISHED RIGHT THAT A REASONABLE OFFICER WOULD HAVE KNOWN

On April 2, 2018, in Kisela v. Hughes, 2018 U.S. LEXIS 2245 (U.S. Apr. 2, 2018), the United States Supreme Court held that, even assuming a Fourth Amendment violation occurred, an officer was entitled to qualified immunity because the situation he faced was far from a case in which any competent officer would have known…

READ FULL ARTICLE
April 6, 2018

Vol. 33 No. 10 GUIDED BY U.S. SUPREME COURT PRECEDENT, CALIFORNIA SUPREME COURT HOLDS THAT COLLECTION OF DNA CHEEK SWAB IS REASONABLE WHEN REQUIRED OF A FELONY ARRESTEE

On April 2, 2018, in the case of People v. Buza, 2018 Cal. LEXIS 2245 (Cal. Apr. 2, 2018), the Supreme Court of California held that the DNA Act of California, which permits law enforcement officials to collect DNA samples from a felony arrestee by means of swabbing the inside of a person’s cheek, was…

READ FULL ARTICLE
March 30, 2018

Vol. 33 No. 9 CALIFORNIA COURT OF APPEAL (1st DISTRICT) HOLDS CRIMINAL COURT’S BAIL DECISION UNCONSTITUTIONAL FOR FAILING TO ACCOUNT FOR INDIVIDUAL CIRCUMSTANCES OF PARTICULAR DEFENDANT’S ABILITY TO PAY

On January 25, 2018, the First District, Division One of the California Court of Appeal, issued a published opinion in In re Humphrey, 19 Cal. App. 5th 1006 (2018).  The Court of Appeal found error in the Superior Court’s failure to consider an individual defendant’s ability to pay when it fixed bail as to the…

READ FULL ARTICLE
March 16, 2018

Vol. 33 No. 8 A DEPUTY WHO POINTED A LOADED GUN AT A SUSPECT’S HEAD USED EXCESSIVE FORCE BUT WAS ENTITLED TO QUALIFIED IMMUNITY

On March 13, 2018, in the case of Thompson v. Rahr, 2018 U.S. App. LEXIS 6191 (9th Cir. Mar. 13, 2018), the Ninth Circuit Court of Appeals decided that an officer who pointed a loaded gun at a suspect’s head used excessive force, but was entitled to qualified immunity because the law was not clearly…

READ FULL ARTICLE
March 2, 2018

Vol. 33 No. 7 CONSENT EXCEPTION TO WARRANTLESS ENTRY INTO OCCUPANTS HOME UNREASONABLE AS TO AN OCCUPANT WHO IS PHYSICALLY PRESENT AND EXPRESSLY REFUSES CONSENT TO ENTRY

Bonivert v. City of Clarkston, 2018 U.S. App. LEXIS 4625 (9th Cir. Feb. 26, 2018) Facts In January 2012, City of Clarkston, Washington (the “City”) police officers, Sergeant Danny Combs and Officer Paul Purcell, received a “physical domestic” dispatch to the home of Ryan Bonivert. The dispatcher relayed to the officers that an argument between…

READ FULL ARTICLE
February 28, 2018

Vol. 33 No. 6 GOVERNMENT CODE SECTION 20480: LIMITATIONS ON CALPERS EMPLOYEES WORKING OUT OF CLASSIFICATION

Effective January 1, 2018, CalPERS contracting agencies and school employers are required to restrict “out of class appointments” to 960 hours in a fiscal year. Gov. Code § 20480.  Government Code section 20480(f) defines “out of class appointment” as “an appointment of an employee to an upgraded position or higher classification by the employer or…

READ FULL ARTICLE
February 23, 2018

Vol. 33 No. 5 SUPREME COURT DENIES REVIEW OF SECOND AMENDMENT CASE

Silvester v. Becerra, 2018 U.S. LEXIS 897 (U.S. Feb. 20, 2018) On February 20, 2018, the United States Supreme Court denied the petition for a writ of certiorari in Silvester v. Becerra.  Justice Clarence Thomas dissented from the denial of certiorari. The case was a challenge to California Penal Code sections 26815 and 27540, which…

READ FULL ARTICLE
February 23, 2018

Vol. 33 No. 4 CONSTITUTIONAL RIGHTS POTENTIALLY VIOLATED WHERE POLICE DEPARTMENT TAKES ADVERSE ACTION AGAINST OFFICER BASED ON PRIVATE SEXUAL CONDUCT

Perez v. City of Roseville, 2018 U.S. App. LEXIS 3212 (9th Cir. Feb. 9, 2018) Facts In January 2012, Janelle Perez was hired by Roseville Police Department Chief Daniel Hahn to serve as a police officer in the department. A few months into her probationary term, Perez and Roseville Police Officer Shad Begley began a…

READ FULL ARTICLE