News & Information

Client Alerts — Law Enforcement 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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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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Client Alerts — Law Enforcement 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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Client Alerts — Law Enforcement 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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Client Alerts — Law Enforcement 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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Client Alerts — Law Enforcement 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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Client Alerts — Law Enforcement 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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Client Alerts — Law Enforcement 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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