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) …
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 …
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 »Courtesy of James R. Touchstone, Esq. In a unanimous decision, entitled Fort Bend Cty. v. Davis,[1] the United States Supreme Court held that a certain Title VII requirement was a …
Read More »Courtesy of James R. Touchstone, Esq. In June 2019, United States v. Brown,[1] the Ninth Circuit Court of Appeals held that the combination of an anonymous tip suggesting no crime …
Read More »Courtesy of James R. Touchstone, Esq. In People v. Raybon,[1] the California Third District Court of Appeal held the plain language of Health & Safety Code section 11362.1 demonstrated the …
Read More »Courtesy of James R. Touchstone, Esq. On May 28, 2019, the Supreme Court of the United States, in Nieves v. Bartlett, 2019 U.S. LEXIS 3557 (May 28, 2019) held that …
Read More »By Shaun Rundle, Deputy Director. Prior to the May 31st deadline for bills to be heard in their house of origin, Asm. Shirley Weber’s AB 392 was dramatically altered. The …
Read More »Courtesy of James R. Touchstone, Esq. CONSTITUTIONAL LAW Peace officer’s nonconsensual blood draw of defendant, who signed probation orders stating that he must submit to chemical testing at a peace …
Read More »By Shaun Rundle, Deputy Director. In the final week for bills with fiscal impacts to be heard in their house of origin, the Senate Public Safety Committee heard SB 230 …
Read More »by James R. Touchstone, Esq. The California First District Court, in Martinez v. Pub. Employees’ Ret. Sys., 2019 Cal. App. LEXIS 311 (1st Dist. Apr. 4, 2019), affirmed a trial …
Read More »Courtesy of James R. Touchstone, Esq. The Ninth Circuit Court of Appeals in United States v. California, 2019 U.S. App. LEXIS 11275 (9th Cir. Apr. 18, 2019) rejected arguments by …
Read More »Courtesy of James R. Touchstone, Esq. Taylor v. City of Saginaw, 2019 U.S. App. LEXIS 11586 (6th Cir. Apr. 22, 2019) On April 22, 2019, the Sixth District Court of …
Read More »CONSTITUTIONAL LAW Courtesy of James R. Touchstone, Esq. A. Warrantless placement of a GPS tracker on a parolee’s car was permissible in light of United States v. Johnson. United States …
Read More »Courtesy of James R. Touchstone, Esq. The Ninth Circuit Court of Appeals published an order in Martin v. City of Boise which denied a petition for panel rehearing, denied a …
Read More »By Shaun Rundle, Deputy Director. Last Tuesday, AB 392 (Weber-D) passed out of the Assembly Public Safety Committee, which was the bill’s first hearing. In a nearly three-hour hearing, advocates …
Read More »Courtesy of James R. Touchstone, Esq. In a 5-4 opinion, the United States Supreme Court majority in Bucklew v. Precythe, 2019 U.S. LEXIS 2477 (Apr. 1, 2019), held that an …
Read More »Courtesy of James R. Touchstone, Esq. The United States District Court for the Southern District of California recently held, in the case entitled Duncan v. Becerra[1],that California Penal Code section …
Read More »Courtesy of James R. Touchstone, Esq. On March 29, 2019, the California First District Court of Appeal denied the consolidated petitions for writ of supersedeas filed by the Walnut Creek …
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