News & Information

Client Alerts — Law Enforcement


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…

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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…

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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…

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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…

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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…

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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…

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May 19, 2021

Vol. 36 No. 9 SUPREME COURT REJECTS BROAD APPLICATION EXTENDING COMMUNITY CARETAKING EXCEPTION TO WARRANTLESS SEARCHES AND SEIZURES IN HOME IN CERTAIN CIRCUMSTANCES

In a unanimous 9-0 decision, the United States Supreme Court in Caniglia v. Strom rejected a lower court’s broad interpretation of the “community caretaking exception,” which erroneously extrapolated a previous Supreme Court case’s statement regarding the exception to warrantless search and seizure in a home context under the specific facts of this case. Background During…

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May 19, 2021

Vol. 36 No. 8 DETECTIVES WERE ENTITLED TO QUALIFIED IMMUNITY BECAUSE IT WAS NOT CLEARLY ESTABLISHED THAT THEIR INTERROGATION TACTICS ‘SHOCKED THE CONSCIENCE’ WHEN USED OVER A SHORT PERIOD OF TIME

In Tobias v. Arteaga, the Ninth Circuit Court of Appeals reversed the denial of qualified immunity for officers with regards to a plaintiff’s Fourteenth Amendment substantive due process claim.  The Court held that detectives interrogating a minor suspect in a murder investigation were entitled to qualified immunity because it was not clearly established that their…

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