News & Information

Client Alerts — Law Enforcement


August 29, 2019

Vol. 34 No. 34 THE CALIFORNIA SUPREME COURT UNANIMOUSLY UPHELD THE DISCLOSURE OF “BRADY TIP LISTS” TO THE PROSECUTION

On August 26, 2019 the California Supreme Court, unanimously, overturned the Second District Court of Appeal in the case of Association for Los Angeles Deputy Sheriffs (ALADS) v. Superior Court (2017) 13 Cal.App.5th 413. The Court of Appeal had held that the mere disclosure of a list of deputies’ names who had been identified by…

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August 28, 2019

Vol. 34 No. 33 CALIFORNIA GOVERNOR SIGNS ASSEMBLY BILL 392 INTO LAW, MANDATING STANDARD FOR USE OF DEADLY FORCE

On August 19, 2019, Governor Gavin Newsom signed AB 392 into law. Of note, Governor Newsom’s office and members of the legislature took significant input from a variety of law enforcement associations and their legal counsel in amending AB 392’s original language.  AB 392 effectively updates California’s legal standard governing when force can be used,…

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August 20, 2019

Vol. 34 No. 32 PEOPLE V. RAY’S FINDING OF COMMUNITY CARETAKING EXCEPTION IN ABSENCE OF EXIGENCY IS DISAPPROVED

In People v. Ovieda,[1] the California Supreme Court held that the community caretaking exception does not apply in the absence of exigency.  In reaching its conclusion, the Court disapproved of its previous decision in People v. Ray.[2] Background In June 2015, five Santa Barbara police officers, responding to a report by family members of Willie…

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August 6, 2019

Vol. 34 No. 31 WHEN OFFICERS HAVE REASON TO SUSPECT THAT A CRIME IS BEING PERPETRATED, OR THAT AN INDIVIDUAL HAS BEEN INJURED, A WARRANTLESS ENTRY DOES NOT VIOLATE THE FOURTH AMENDMENT

In the July 2019 case of People v. Rubio,[1] the California First District Court of Appeal held that a warrantless entry into a locked garage/apartment conversion by officers did not violate the Fourth Amendment because the officers reasonably believed that an injured person or a shooter might be inside. Background In October 2016, East Palo…

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August 6, 2019

Vol. 34 No. 30 WARRANTLESS SEIZURE OF FIREARMS DID NOT VIOLATE FOURTH AMENDMENT OR SECOND AMENDMENT

In July 2019, the Ninth Circuit Court of Appeals, in Rodriguez v. City of San Jose,[1] held that a wife’s Second Amendment claim, arising from seizure of firearms from her home, was barred by issue preclusion as the matter had already been considered and rejected by state courts. The Court also found that the wife’s…

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August 6, 2019

Vol. 34 No. 29 COUNTY’S FEE FOR COPIES OF PUBLIC RECORDS REASONABLE WHERE PLAINTIFF FAILED TO ESTABLISH THAT “INDIRECT COSTS” VIOLATED GOVERNMENT CODE SECTION 27366

In Cal. Pub. Records Research, Inc. v. Cnty. of Alameda,[1] the California First District Court of Appeal held that a county could consider a wide range of indirect costs under Government Code section 27366. In reaching its conclusion, the Court found that the County’s ordinance charging $3.50 per page for copies of official records was…

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July 17, 2019

Vol. 34 No. 28 THE DOJ’S INCLUSION OF IMMIGRATION-RELATED SCORING FACTORS IN IMPLEMENTING THE COPS GRANT WAS CONSTITUTIONAL AND WITHIN ITS STATUTORY AUTHORITY

In July 2019, the Ninth Circuit Court of Appeals, in City of L.A. v. Barr,[1] reversed a District Court’s summary judgment in favor of the City of Los Angeles in an action challenging the U.S. Department of Justice’s (“DOJ”) use of illegal-immigration-related factors in determining scores for applicants to a competitive grant program. In reaching…

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July 16, 2019

Vol. 34 No. 27 WHEN A DRIVER IS UNCONSCIOUS, AND THEREFORE CANNOT BE GIVEN A BREATH TEST, THE EXIGENT-CIRCUMSTANCES EXCEPTION WILL USUALLY PERMIT A BLOOD TEST WITHOUT A WARRANT

In a plurality opinion, the United States Supreme Court recently held, in the opinion entitled Mitchell v. Wisconsin[1], that the exigent circumstances exception to the warrant requirement of the Fourth Amendment will usually permit a blood draw from an unconscious drunk-driver suspect to secure blood alcohol content evidence. Background In May 2013, Sheboygan Police Department…

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