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 …
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 …
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 …
Read More »Courtesy of James R. Touchstone, Esq. In an opinion issued on March 25, 2019, in the case entitled Steinle v. City & Cnty. of S.F.[1], the Ninth Circuitdetermined that the …
Read More »Courtesy of James R. Touchstone, Esq. In the March 15, 2019, in the case of United States v. Korte,[1] the Ninth Circuit Court of Appeals affirmed a District Court’s denial …
Read More »Courtesy of James R. Touchstone, Esq. In an opinion filed on March 18, 2019, the California Second District Court of Appeal in Boyer v. Cnty. of Ventura[1]held that certain law …
Read More »By Shaun Rundle, Deputy Director. The controversial use of force legislation carried by Assembly members Shirley Weber (D-San Diego) and Kevin McCarty (D-Sacramento) has been set for a special-order hearing …
Read More »CONSTITUTIONAL LAW Eighth Amendment’s prohibition on excessive fines applies to the States. Timbs v. Indiana, 2019 U.S. LEXIS 1350 (U.S. February 20, 2019) Facts: Tyson Timbs was arrested, and two …
Read More »By Shaun Rundle, Deputy Director. A resounding theme from last week’s 27th Annual Law Enforcement Legislative Summit, an event CPOA puts on each year with support from our sister associations …
Read More »Courtesy of James R. Touchstone, Esq. In the March 4, 2019 case of Buffin v. City & Cnty. of S.F.,[1] the California Northern District Court granted the plaintiffs’ motion for …
Read More »On March 4, 2019, the California Supreme Court, in Cal Fire Local 2881 v. California Public Employees’ Retirement System,[1] affirmed the lower courts’ determinations that the opportunity to purchase additional …
Read More »By Shaun Rundle, Deputy Director. CPOA’s Law & Legislation Committee, which is comprised over thirty law enforcement personnel from across California, last month reviewed the first wave of public safety …
Read More »On February 20, 2019 in the case of Timbs v. Indiana, 2019 U.S. LEXIS 1350 (Feb. 20, 2019), the United States Supreme Court held that the Eighth Amendment’s Excessive Fines …
Read More »By Shaun Rundle, Deputy Director. Assemblywoman Shirley Weber has introduced AB 392, her 2019 version of a use of force legislation which looks and smells like AB 931 last year. …
Read More »CONSTITUTIONAL LAW A. Search incident to arrest may occur prior to arrest if probable cause exists, even where the crime for which probable cause existed is different from crime of …
Read More »Courtesy of James R. Touchstone, Esq. In the case of People v. Marquez, 2019 Cal. App. LEXIS 48 (4th Dist. Jan. 15, 2019), the California Fourth District Court of Appeal …
Read More »Courtesy of James R. Touchstone, Esq. On January 11, 2019 in the case of Olivier v. Baca, 2019 U.S. App. LEXIS 1019 (9th Cir. Jan. 11, 2019), the Ninth Circuit …
Read More »Courtesy of James R. Touchstone, Esq. On January 9, 2019, in the case of United States v. Johnson, 2019 U.S. App. LEXIS 640 (9th Cir. Jan. 9, 2019), the Ninth …
Read More »Courtesy of James R. Touchstone, Esq. On December 20, 2018, the Ninth Circuit Court of Appeals decided two related cases involving a Bureau of Prisons (“BOP”) regulation governing threats made …
Read More »Courtesy of James R. Touchstone, Esq. CONSTITUTIONAL LAW No reasonable suspicion to detain or patsearch defendant because police received general physical description of person ‘harassing’ customers, in area with significant …
Read More »By Shaun Rundle, Deputy Director. We would like to think the Legislature learns its lessons when one of their priority bills fails. That just so happened with AB 931 (Weber-D) …
Read More »CONSTITUTIONAL LAW Traffic stop was not unconstitutionally prolonged by dog sniff where the motorist was cited for a tinted-window infraction, and the dog alerted to drugs in the vehicle; thus, …
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