Provided by CPOA Legal Counsel, James R. Touchstone, Jones & Mayer CONSTITUTIONAL LAW A. Defendant’s electronic device search condition was invalid under People v. Lent because it imposed a significant …
Provided by CPOA Legal Counsel, James R. Touchstone, Jones & Mayer The California Fourth District Court of Appeal held, in Smith v. LoanMe, Inc.,[1] that a plaintiff failed to state …
Provided by CPOA Legal Counsel, James R. Touchstone, Jones & Mayer In the case of People v. Guzman,[1] the Supreme Court of California found that a surreptitious recording was properly …
Read More »Provided by CPOA Legal Counsel, Gregory P. Palmer and Veronica R. Donovan, Jones & Mayer On October 8, 2019, Governor Gavin Newsom approved Assembly Bill 1600 (“AB 1600”) to amend …
Read More »Provided by CPOA Legal Counsel, James R. Touchstone, Jones & Mayer The Ninth Circuit Court of Appeals held in Bahra v. Cnty. of San Bernardino[1] that a state administrative agency’s …
Read More »Provided by CPOA Legal Counsel, James R. Touchstone, Jones & Mayer In the case entitled Crawford v. City of Bakersfield,[1] the Ninth Circuit Court of Appeals vacated a district court’s …
Read More »Provided by CPOA Legal Counsel, James R. Touchstone, Jones & Mayer CONSTITUTIONAL LAW Given the nature of defendant’s offense, there was a relationship between theft of electronic devices and the …
Read More »Provided by CPOA Legal Counsel, James R. Touchstone, Jones & Mayer In the case of Martinez v. City of Clovis,[1] the Ninth Circuit Court of Appeals determined that two police …
Read More »Provided by CPOA Legal Counsel, James R. Touchstone, Jones & Mayer In October 2018, then Governor Jerry Brown signed Senate Bill 978 (SB 978) into law. Effective January 1, 2020, …
Read More »Provided by CPOA Legal Counsel, James R. Touchstone, Jones & Mayer On November 19, 2019, the United States District Court for the Southern District of California in the case of …
Read More »Courtesy of James R. Touchstone, Esq. On November 25, 2019 in the case of United States v. People v. Lopez,[1] the California Supreme Court concluded that the desire to obtain …
Read More »Courtesy of James R. Touchstone, Esq. On November 15, 2019, in the case of United States v. Ped,[1] the Ninth Circuit Court of Appeals determined that a District Court did …
Read More »Courtesy of James R. Touchstone, Esq. On October 18, 2019, in the case of In re Jeremiah S.,[1] the California First District Court of Appeal determined that an officer who …
Read More »Courtesy of James R. Touchstone, Esq. On October 31, 2019 in the case of City of Los Angeles v. Barr,[1] the Ninth Circuit Court of Appeals affirmed a District Court …
Read More »Courtesy of James R. Touchstone, Esq. CONSTITUTIONAL LAW A. District Court declines to recognize a per se rule that automatically permits a patsearch for every lawfully detained robbery suspect; specific …
Read More »Courtesy of James R. Touchstone, Esq. CONSTITUTIONAL LAW Information a year old is not considered stale where child pornography is concerned and therefore may be used to establish probable cause …
Read More »Courtesy of James R. Touchstone, Esq. CONSTITUTIONAL LAW People v. Ray’s finding of community caretaking exception in absence of exigency is disapproved. People v. Ovieda, 7 Cal. 5th 1034 (2019) …
Read More »Courtesy of Gregory P. Palmer, Esq. and James R. Touchstone, Esq. On August 26, 2019 the California Supreme Court, unanimously, overturned the Second District Court of Appeal in the case …
Read More »Courtesy of James R. Touchstone, Esq. On August 19, 2019, Governor Gavin Newsom signed AB 392 into law. Of note, Governor Newsom’s office and members of the legislature took significant …
Read More »Courtesy of James R. Touchstone, Esq. CONSTITUTIONAL LAW Electronic search probation condition imposed upon defendant who committed identity theft crime was reasonably related to preventing future criminality and did not …
Read More »Courtesy of James R. Touchstone, Esq. In People v. Ovieda,[1] the California Supreme Court held that the community caretaking exception does not apply in the absence of exigency. In reaching …
Read More »Courtesy of James R. Touchstone, Esq. In the July 2019 case of People v. Rubio,[1] the California First District Court of Appeal held that a warrantless entry into a locked …
Read More »Courtesy of James R. Touchstone, Esq. In July 2019, the Ninth Circuit Court of Appeals, in Rodriguez v. City of San Jose,[1] held that a wife’s Second Amendment claim, arising …
Read More »Courtesy of James R. Touchstone, Esq. In Cal. Pub. Records Research, Inc. v. Cnty. of Alameda,[1] the California First District Court of Appeal held that a county could consider a …
Read More »Courtesy of James R. Touchstone, Esq. CONSTITUTIONAL LAW Ninth Circuit upholds decision finding former city manager violated former police chief’s constitutional rights. Greisen v. Hanken, 2019 U.S. App. LEXIS 16202 …
Read More »Courtesy of James R. Touchstone, Esq. In July 2019, the Ninth Circuit Court of Appeals, in City of L.A. v. Barr,[1] reversed a District Court’s summary judgment in favor of …
Read More »Courtesy of James R. Touchstone, Esq. In a plurality opinion, the United States Supreme Court recently held, in the opinion entitled Mitchell v. Wisconsin[1], that the exigent circumstances exception to …
Read More »Courtesy of James R. Touchstone, Esq. In June 2019 in Greisen v. Hanken,[1] the Ninth Circuit Court of Appeals affirmed a District Court’s decision upholding a jury verdict in favor …
Read More »Courtesy of James R. Touchstone, Esq. In June 2019, the California Second District Court of Appeal held, in Conger v. Cty. of L.A.,[1] that a police department’s decision to deny …
Read More »Courtesy of James R. Touchstone, Esq. CONSTITUTIONAL LAW Trial courts possess inherent authority to impose reasonable bail conditions related to public safety on felony defendants who are released on monetary …
Read More »