Vol. 31 No. 14 -THE “IN CAR” VIDEO OF AN ARREST, USED IN AN I.A. INVESTIGATION, DOES NOT BECOME A “PERSONNEL RECORD”
THE “IN CAR” VIDEO OF AN ARREST, USED IN AN I.A. INVESTIGATION, DOES NOT BECOME A “PERSONNEL RECORD” On July 19, 2016, the First District Court of Appeal held, in City of Eureka v. Superior Court of Humboldt County (Greenson), that even if an “arrest video was considered or relied upon during [an] internal affairs […]
Vol 31. No. 13- ARE RECORDS REGARDING GOVERNMENT BUSINESS SUBJECT TO THE CPRA IF THEY ARE ON PRIVATE CELL PHONES OR E-MAIL ACCOUNTS?
ARE RECORDS REGARDING GOVERNMENT BUSINESS SUBJECT TO THE CPRA IF THEY ARE ON PRIVATE CELL PHONES OR E-MAIL ACCOUNTS? On July 5, 2016, the United States Court of Appeals, District of Columbia Circuit, in the case of Competitive Enterprise Institute v. Office of Science and Technology Policy (CEI v. OSTP) held that “an agency cannot […]
Vol. 31 No. 19- CITY’S BANKRUPTCY PLAN DOESN’T DISCHARGE PERSONAL DAMAGES AWARD AGAINST OFFICER
CITY’S BANKRUPTCY PLAN DOESN’T DISCHARGE PERSONAL DAMAGES AWARD AGAINST OFFICER On September 8, 2016, the Ninth Circuit U.S. Court of Appeals held, in Deocampo v. Potts et al, that “. . . California’s indemnification statutes do not render a judgment or concomitant fee award against an indemnifiable municipal employee a liability of the municipal employer […]
Vol. 31 No. 20- HOW TO REPORT CHANGES IN ARREST STATUS TO DOJ
HOW TO REPORT CHANGES IN ARREST STATUS TO DOJ Recently, we issued a Client Alert Memo entitled “An Arrest Without the Filing of an Accusatory Pleading is Just a Detention.” In that Memo (Vol.31, No.17), which reported on the Court of Appeal decision in Schmidt v. California Highway Patrol, we quoted the relevant language in […]
Vol. 31 No. 21- LAW ENFORCEMENT OFFICERS AND FITNESS FOR DUTY EVALUATIONS
LAW ENFORCEMENT OFFICERS AND FITNESS FOR DUTY EVALUATIONS Attached is a chapter in a newly published book entitled Police Psychology and Its Growing Impact on Modern Law Enforcement. I am most pleased to inform you that Chapter 5, “Current Issues in Psychological Fitness for Duty Evaluations of Law Enforcement Officers” was co-authored by me and […]
Vol. 31 No. 27 SENATE BILL 1189 AMENDS REQUIREMENTS RELATING TO AUTOPSIES
On September 28, 2016, Governor Jerry Brown signed into law Senate Bill (SB) 1189, which amends several California Government Code provisions and adds a new section to the Government Code relating to autopsies as set forth below. This legislation is effective January 1, 2017. Government Code Section 27491.4 SB 1189 amends Government Code section 27491.4 […]
Vol. 31 No. 26- OFFICERS’ PERSONNEL RECORDS MAY BE SUBJECT TO DISCOVERY EVEN IF THEY DIDN’T OBSERVE OR PARTICIPATE IN MISCONDUCT
On December 12, 2016, the 2nd District Court of Appeal held, in Riske v. Superior Court (City of Los Angeles), that Evidence Code 1043 and 1045 (“Pitchess motion”), governing the discovery of peace officer personnel records, is not limited to cases involving officers who either witnessed or committed misconduct. “If a plaintiff can demonstrate the […]
Vol 31. No. 25-THE TRUTH ACT, THE TRUST ACT, ICE DETAINERS AND CALIFORNIA LAW ENFORCEMENT
On September 28, 2016, Governor Jerry Brown signed into law Assembly Bill (AB) 2792, known as the Transparent Review of Unjust Transfers and Holds (TRUTH) Act. The Act imposes obligations on California law enforcement if they notify the Federal Immigration and Customs Enforcement (ICE) Agency of an inmate’s upcoming date and time of release. Current […]
Vol. 31 No. 24- VEHICLE CODE SECTION 31, WHICH PROHIBITS LYING TO AN OFFICER ENGAGED IN OFFICIAL DUTIES, IS CONSTITUTIONAL
On November 18, 2016, the California Court of Appeal, First Appellate District, held in People v. Wilson Morera-Munoz that Vehicle Code Section 31, which criminalizes the making of false statements to law enforcement officers while they are engaged in the performance of their duties under that code, was not an unconstitutional infringement on the First […]
Vol. 31 No. 23-PROPOSITION 64 AND PEACE OFFICERS – CAN THEY NOW LEGALLY USE MARIJUANA?
Proposition 64, the California Marijuana Legalization Initiative, was on the November 8, 2016, ballot in California as an initiated state statute. Supporters referred to the initiative as the Adult Use of Marijuana Act but its official title was the Control, Regulate and Tax Adult Use of Marijuana Act (“the Adult Use of Marijuana Act”). It […]