News & Information

Client Alerts — Law Enforcement


August 19, 2020

Vol. 35 No. 26 NINTH CIRCUIT FINDS THAT CALIFORNIA GOVERNMENT CODE SECTION 32310, WHICH BANS POSSESSION OF LARGE-CAPACITY MAGAZINES (“LCMs”), VIOLATES THE SECOND AMENDMENT

On August 14, 2020, the Ninth Circuit Court of Appeals in Duncan v. Becerra,[1] held that a California statute that banned possession of large-capacity magazines (“LCMs”) holding more than ten rounds of ammunition, violated the Second Amendment.  In reaching its conclusion, the Court held that California Penal Code section 32310 burdened protected conduct and, applying…

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August 12, 2020

Vol. 35 No. 25 POLICE OFFICERS’ USE OF DEADLY FORCE WAS REASONABLE WHERE DRIVER ATTEMPTING TO FLEE IGNORED COMMANDS TO STOP AND DROVE NEAR, TOWARD, AND AMONGST THE OFFICERS

In the July 2020 case of Monzon v. City of Murrieta,[1] the Ninth Circuit Court of Appeals concluded that officers acted in an objectively reasonable manner in their use of deadly force on a driver of a van who posed an immediate threat to officers.  In reaching its conclusion, the Court noted that the driver…

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August 4, 2020

Vol. 35 No. 24 THE CALIFORNIA SUPREME COURT UPHOLDS THE “CALIFORNIA RULE” IN CASE OF ALAMEDA COUNTY DEPUTY SHERIFF’S ASSOCIATION v. ALAMEDA COUNTY EMPLOYEES’ RETIREMENT ASSOCIATION

Background The California Supreme Court recently reviewed the validity of the “California Rule” in the context of the case entitled Alameda County Deputy Sheriff’s Ass’n v. Alameda County Employees’ Retirement Ass’n.[1] The Court began its analysis with a discussion of the California Public Employees’ Pension Reform Act of 2013 (“PEPRA”; Stats. 2012, ch. 296, section…

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July 29, 2020

Vol. 35 No. 23 DISTRICT COURT ABUSED ITS DISCRETION IN GRANTING NATIONWIDE INJUNCTIVE RELIEF BARRING DOJ FROM USING THREE NEW CONDITIONS AS FUNDING REQUIREMENTS FOR EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANTS

In the July 2020 case of City & Cnty. of S.F. v. Barr,[1] the Ninth Circuit Court of Appeals upheld a permanent injunction barring the United States Department of Justice from imposing certain conditions for providing funding for state and local criminal justice programs through Edward Byrne Memorial Justice Assistance Grants.  However, the Court determined…

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July 9, 2020

Vol. 35 No. 22 POLICE OFFICERS’ FAILURE TO PRECISELY COMPLY WITH POLICE DEPARTMENT TOWING POLICY’S INVENTORY SEARCH DIRECTION DID NOT RENDER SEARCH INVALID

In United States v. Magdirila,[1] filed on June 23, 2020, the Ninth Circuit Court of Appeals affirmed a District Court’s denial of a criminal defendant’s motion to suppress contraband found during an inventory search of a vehicle he was driving.  In reaching its decision, the Court held that police officers’ failure to precisely comply with…

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June 8, 2020

Vol. 35 No. 21 ADMINISTRATIVE WARRANTS IMPERMISSIBLE TO SEARCH PREMISES IF PRIMARY MOTIVATION IS SEARCH FOR EVIDENCE IN CRIMINAL INVESTIGATION

In the case entitled U.S. v. Grey, 2020 U.S. App. LEXIS 16788 (9th Cir. May 27, 2020), the Court of Appeals for the Ninth Circuit affirmed a district court’s order granting a criminal defendant’s motion to suppress evidence seized during a search of his property.  The Court held that when law enforcement officers are asked…

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June 2, 2020

Vol. 35 No. 20 CURFEW ENFORCEMENT

California and the nation are experiencing large-scale community reaction following the tragic death, at the hands of law enforcement, of George Floyd in Minneapolis.  Many people have been responsible in how they have exercised their rights to free assembly and free speech and in the way they have expressed their perspectives concerning law enforcement agency…

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June 1, 2020

Vol. 35 No. 19 A CITY’S EFFORTS TO REDACT ELECTRONIC DATA PRIOR TO DELIVERING RESPONSIVE RECORDS IN RESPONSE TO A PUBLIC RECORDS ACT REQUEST IS NOT COMPENSABLE

On May 28, 2020, the California Supreme Court issued the long-awaited opinion in National Lawyers Guild, San Francisco Bay Area Chapter v. City of Hayward (S252445).  The Court rejected the argument that staff time and effort spent editing and redacting confidential or exempt data from responsive video footage could be charged to the Public Records…

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