News & Information

Client Alerts — Law Enforcement


March 6, 2019

Vol. 34 No. 8 CALIFORNIA SUPREME COURT HOLDS THAT OPPORTUNITY TO PURCHASE AIRTIME CREDIT WAS NOT A RIGHT PROTECTED BY THE CONTRACT CLAUSE AND THEREFORE COULD BE ELIMINATED BY THE LEGISLATURE

On March 4, 2019, the California Supreme Court, in Cal Fire Local 2881 v. California Public Employees’ Retirement System,[1] affirmed the lower courts’ determinations that the opportunity to purchase additional retirement service (ARS) credit, also known as “air time” credit, was not a benefit of employment protected by the constitutional contract clause. Therefore, the Court…

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February 22, 2019

Vol. 34 No. 7 EIGHTH AMENDMENT’S PROHIBITION ON EXCESSIVE FINES APPLIES TO THE STATES

On February 20, 2019 in the case of Timbs v. Indiana, 2019 U.S. LEXIS 1350 (Feb. 20, 2019), the United States Supreme Court held that the Eighth Amendment’s Excessive Fines Clause was “fundamental to our scheme of ordered liberty,” with “dee[p] root[s] in [our] history and tradition.”  The Court concluded that the Excessive Fines Clause…

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February 4, 2019

Vol. 34 No. 6 COLLECTION OF DEFENDANT’S DNA SAMPLE WAS UNLAWFUL UNDER THE FOURTH AMENDMENT BECAUSE PROSECUTION FAILED TO PROVE THAT HIS DNA WAS COLLECTED AS PART OF A ROUTINE BOOKING PROCEDURE

In the case of People v. Marquez, 2019 Cal. App. LEXIS 48 (4th Dist. Jan. 15, 2019), the California Fourth District Court of Appeal held that the 2006 collection of Daniel Joseph Marquez’s DNA sample was unlawful under the Fourth Amendment, but also concluded that the trial court properly admitted 2008 DNA evidence from a…

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January 30, 2019

Vol. 34 No. 5 EXIGENT CIRCUMSTANCE OF INMATE DISTURBANCES AND LOCKDOWNS JUSTIFIED JAIL OFFICIALS’ DENYING PRETRIAL DETAINEE PLAINTIFF A BED AS OFFICIALS WERE PRIORITIZING SECURITY NEEDS

On January 11, 2019 in the case of Olivier v. Baca, 2019 U.S. App. LEXIS 1019 (9th Cir. Jan. 11, 2019), the Ninth Circuit Court of Appeals held that the exigent circumstance of inmate disturbances and lockdowns justified denying a plaintiff a bed for his three-and-a-half day stay at the inmate processing center. Background In…

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January 30, 2019

Vol. 34 No. 4 SEARCH INCIDENT TO ARREST MAY OCCUR PRIOR TO ARREST IF PROBABLE CAUSE EXISTS, EVEN WHERE THE CRIME FOR WHICH PROBABLE CAUSE EXISTED IS DIFFERENT FROM CRIME OF SUBSEQUENT ARREST

On January 9, 2019, in the case of United States v. Johnson, 2019 U.S. App. LEXIS 640 (9th Cir. Jan. 9, 2019), the Ninth Circuit Court of Appeals held that a search incident to a lawful arrest, that occurred before the arrest itself, was permissible if probable cause existed. The Court further noted that the…

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January 25, 2019

Vol. 34 No. 3 BUREAU OF PRISONS STATUTE PROHIBITING THE MAILING OF THREATENING LETTERS WHILE IMPRISONED IS NOT UNCONSTITUTIONALLY VAGUE AND IS SUFFICIENTLY NARROW TO ENCOMPASS UNTRUTHFUL THREATS

On December 20, 2018, the Ninth Circuit Court of Appeals decided two related cases involving a Bureau of Prisons (“BOP”) regulation governing threats made by prison inmates. BOP Prohibited Acts Code 203 (“Code 203”) prohibits prisoners from “[t]hreatening another with bodily harm or any other offense.” (28 C.F.R. section 541.3.)  The BOP accused Mark Alan…

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January 16, 2019

Vol. 34 No. 2 SUPREME COURT REVERSES THE NINTH CIRCUIT, AGAIN, ON THE ISSUE OF QUALIFIED IMMUNITY

In a stunning, yet not surprising decision, the U.S. Supreme Court reversed the Court of Appeals for the Ninth Circuit on January 7, 2019 on the issue of qualified immunity involving a use of force encounter in the case entitled City of Escondido, et al. v. Marty Emmons.  The Emmons case involved an incident that…

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January 8, 2019

Vol. 34 No. 1 CALIFORNIA DOJ PROMULGATES GUIDELINES REGARDING RETENTION REQUIREMENTS FOR RECORDS PURSUANT TO SENATE BILL 1421

On January 3, 2019, the Division of Law Enforcement of the California Department of Justice released an information bulletin pertaining to the preservation of peace officer and custodial officer records. The bulletin notified all state law enforcement agencies of guidelines regarding retention requirements pursuant to changes due to Senate Bill 1421 (“SB 1421”). The California…

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