Courtesy of James R. Touchstone, Esq. CONSTITUTIONAL LAW/POLICE CONDUCT A. Persistent odor of unspecified smoke did not allow for warrantless search of cabinet within shed in backyard under exigent circumstances …
By: Shaun Rundle, CPOA Deputy Director. As a result of our lobbying work during the many legislative deadlines that occur in May and June in the Legislature, most public safety …
Provided by James R. Touchstone, Esq. In Tobias v. Arteaga,[1] the Ninth Circuit Court of Appeals reversed the denial of qualified immunity for officers with regards to a plaintiff’s Fourteenth …
Read More »Provided by James R. Touchstone, Esq. In a unanimous 9-0 decision, the United States Supreme Court in Caniglia v. Strom[1] rejected a lower court’s broad interpretation of the “community caretaking …
Read More »Provided by James R. Touchstone, Esq. In Oakland Police Officers’ Ass’n v. City of Oakland,[1] the California First District Court of Appeal concluded that the Public Safety Officers Procedural Bill …
Read More »Courtesy of James R. Touchstone, Esq. QUALIFIED IMMUNITY Detectives were entitled to qualified immunity because it was not clearly established that their interrogation tactics ‘shocked the conscience’ when used over …
Read More »By: Shaun Rundle, CPOA Deputy Director. Several public safety legislative proposals have been referred to the “black hole,” i.e., the Appropriations Suspense File. This is a file of bills with …
Read More »Provided by Gregory P. Palmer The First District Court of Appeal in Collondrez v. City of Rio Vista, (2021) 61 Cal. App. 5th 1039, issued a decision in which a …
Read More »Courtesy of James R. Touchstone, Esq., Jones & Mayer In Young v. Hawaii,[1] the en banc Ninth Circuit Court of Appeals held that the Second Amendment does not guarantee an unfettered, …
Read More »By: Shaun Rundle, Deputy Director. To little surprise, the 2021 legislation proposing the biggest changes to modern policing have been safely and swiftly moving through the Legislature. I have provided …
Read More »Courtesy of James R. Touchstone, Esq. In Hernandez v. Town of Gilbert,[1] the Ninth Circuit Court of Appeals held that no clearly established law controlled in the specific context of …
Read More »By: Shaun Rundle, Deputy Director. Public safety bills have been begun hearings in Senate and Assembly policy committees, such as Public Safety, Judiciary and Transportation. Authors are presenting many of …
Read More »Courtesy of James R. Touchstone, Esq. CONSTITUTIONAL LAW Nervous and evasive behavior is a pertinent factor in determining whether suspicion is reasonable. People v. Flores, 2021 Cal. App. LEXIS 130 …
Read More »Courtesy of James R. Touchstone, Esq. CONSTITUTIONAL LAW District Court erred by applying the subjective deliberate indifference standard to plaintiff’s Fourteenth Amendment claim of inadequate medical care to a pretrial …
Read More »By: Shaun Rundle, Deputy Director. Criminal justice reform since 2014 has been a ping pong game between the Legislature and voters at the ballot box. First Prop 47, then RIPA, …
Read More »Courtesy of James R. Touchstone, Esq. In Moser v. Las Vegas Metro. Police Dept., the Ninth Circuit Court of Appeals held that a federal District Court did not adequately address …
Read More »Courtesy of Paul R. Coble, Esq. & Richard A. Lucero, Esq. of Jones & Mayer While the distribution of the COVID-19 vaccine is advancing our effort to recover from the …
Read More »Courtesy of James R. Touchstone, Esq. CONSTITUTIONAL LAW/POLICE CONDUCT Reasonable factfinder could conclude that police officer violated plaintiff’s due process rights by obtaining court order to destroy plaintiff’s firearms without …
Read More »By: Shaun Rundle, CPOA Deputy Director. Legislators feeling frustrated by a 2020 year impacted by the pandemic have reintroduced some of their failed measures from last year. They join newly …
Read More »Courtesy of Paul R. Coble, Esq. & Richard A. Lucero, Esq. The availability of effective vaccines offers a major advancement in our emergence from the COVID-19 pandemic. As a component …
Read More »Courtesy of James R. Touchstone, Esq. In Wright v. Beck,[1] the Ninth Circuit Court of Appeals held that a plaintiff, who continued to assert a claim of right to previously …
Read More »Courtesy of James R. Touchstone, Esq., Jones & Mayer CONSTITUTIONAL LAW/POLICE CONDUCT Ninth Circuit denies federal defendants’ motion for stay of preliminary injunction in matter involving use of crowd control …
Read More »Courtesy of James R. Touchstone, Esq. In a case filed on October 27, 2020, in Cortesluna v. Luna,[1] the Ninth Circuit Court of Appeals reversed the lower court’s grant of …
Read More »Courtesy of James R. Touchstone, Esq. The Ninth Circuit Court of Appeals in Ventura v. Rutledge[1] concluded that an officer who used deadly force was entitled to qualified immunity. In …
Read More »Provided by James R. Touchstone, Esq. CONSTITUTIONAL LAW/POLICE CONDUCT Dissent from Ninth Circuit’s denial of rehearing en banc argues that panel’s decision contradicts border search exception precedent and untethers decision …
Read More »By Shaun Rundle, Deputy Director. Just as you’ve been updating your agency policies to adhere to the use of deadly force reforms under 2019’s AB 392 and SB 230, new …
Read More »Courtesy of James R. Touchstone, Esq., Jones & Mayer On August 26, 2020, the Supreme Court of California issued an order making a part of the California First District Court …
Read More »Courtesy of Greg Palmer, Jones & Mayer On August 24, 2020, the Court of Appeal of the State of California for the Fourth Appellate District affirmed the decision of the …
Read More »Courtesy of James, R. Touchstone, Esq. CONSTITUTIONAL LAW/POLICE CONDUCT Defendant in vehicle detained, not when passenger who exited vehicle was detained, but thereafter when sheriff’s deputy, after smelling marijuana from …
Read More »By: Shaun Rundle, CPOA Deputy Director. When the Legislature adjourned for the 2020 session on August 31st, several news outlets and editorial boards across the state lamented the failure of …
Read More »