News & Information

Client Alerts — Law Enforcement


September 20, 2021

Vol. 36. No. 17 GOVERNMENT ENTITLED TO QUALIFIED IMMUNITY IN PLAINTIFF’S ACTION ALLEGING THAT GOVERNMENT EMPLOYER VIOLATED HIS FIRST AMENDMENT RIGHTS BY DISCIPLINING HIM FOR PROTECTED SPEECH

In Ohlson v. Brady, the Ninth Circuit Court of Appeals determined that public agency defendants were entitled to qualified immunity in an employee’s action alleging the defendants violated the employee’s First Amendment rights by disciplining him for protected speech.  In reaching its conclusion, the Court found no clearly established law on the issue of whether…

READ FULL ARTICLE
September 17, 2021

Vol. 36. No. 16 AFTER PASSAGE OF PROPOSITION 64, POSSESSION OF CANNABIS IN PRISON REMAINS A VIOLATION OF PENAL CODE SECTION 4573.6

In People v. Raybon, the California Supreme Court concluded that possession of cannabis in prison remains a violation of Penal Code section 4573.6, even after Proposition 64 generally legalized adult possession of up to 28.5 grams of cannabis, subject to certain exceptions. Background Penal Code section 4573.6 makes it a felony to possess a controlled…

READ FULL ARTICLE
August 6, 2021

VOL. 36 NO. 15 STATUTORY CHANGE TO LAW ENFORCEMENT USE OF SOCIAL MEDIA

On July 23, 2021, AB1475 was signed and chaptered into law, and will take effect on January 1, 2022.  The bill creates limitations on the ability of law enforcement agencies to disseminate booking photos on social media.  The legislation also has retroactive reach to content already in existence or that might be created in the…

READ FULL ARTICLE
July 29, 2021

Vol. 36 No. 14 Update: Executive Decisions and the COVID-19 Vaccines

The persistence of the COVID-19 pandemic, the transmissibility associated with the Delta variant, and differing beliefs about personal autonomy and the role of government in mandating methods of illness prevention have again brought the issue of mandatory vaccines to the center of public policy.  The purpose of this Alert is to provide law enforcement executives…

READ FULL ARTICLE
July 29, 2021

Vol. 36 No. 13 DISTRICT COURT PROPERLY DISMISSED SECTION 1983 EXCESSIVE FORCE CLAIM AFTER CRIMINAL JURY CONVICTED PLAINTIFF OF VIOLATING PENAL CODE SECTION 148

In a 2-1 opinion, the Ninth Circuit Court of Appeals, in Lemos v. Cty. of Sonoma, affirmed a District Court’s holding that a 42 U.S.C. section 1983 claim for excessive force brought by a plaintiff convicted under Penal Code section 148(a)(1) was barred by Heck v. Humphrey.  In reaching its conclusion, the Court found that…

READ FULL ARTICLE
July 27, 2021

Vol. 36 No. 12 KILLGORE DECISION RE MASSAGE ESTABLISHMENTS AND 
CLOSELY REGULATED INSPECTIONS

Background The Ninth Circuit Court of Appeals has recently reaffirmed a decades old California state appellate court decision that held that the massage industry is closely regulated and a warrantless administrative inspection of massage parlors under ordinances that meet certain factors do not violate the Fourth Amendment.  This Ninth Circuit case, Killgore v. City of…

READ FULL ARTICLE
July 6, 2021

Vol. 36 No. 11 NINTH CIRCUIT STAYS DISTRICT COURT RULING HOLDING THAT CALIFORNIA ASSAULT WEAPONS LAWS ARE UNCONSTITUTIONAL

In the June 2021 case of Miller v. Bonta, the United States District Court for the Southern District of California held that California statutes which restrict the use of assault weapons violate the Second Amendment.  However, the Ninth Circuit Court of Appeals subsequently stayed the lower court’s ruling pending appeal proceedings.  Thus, the State’s assault…

READ FULL ARTICLE
June 28, 2021

Vol. 36 No. 10 UNDER THE FOURTH AMENDMENT, PURSUIT OF A FLEEING MISDEMEANOR SUSPECT DOES NOT ALWAYS JUSTIFY A WARRANTLESS ENTRY INTO A HOME

In Lange v. California, the United States Supreme Court held that an officer’s pursuit of a fleeing misdemeanor suspect does not categorically justify a warrantless entry into a home.  Instead, as per Supreme Court precedent, a case-by-case assessment of exigency is required when deciding whether a suspected misdemeanant’s flight justifies a warrantless home entry. Background…

READ FULL ARTICLE