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 …
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 …
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, …
Read More »Courtesy of James R. Touchstone, Esq. On January 3, 2019, the Division of Law Enforcement of the California Department of Justice released an information bulletin pertaining to the preservation of …
Read More »By Shaun Rundle, Deputy Director. In preparation for the 2019-2020 Legislative session beginning on January 7th, legislators both returning and new gathered the Capitol in December for their swearing-in. At …
Read More »Courtesy of James R. Touchstone, Esq. On August 16, 2018 in the case of County of San Diego v. Commn on State Mandates, 2018 Cal. LEXIS 8819 (Cal., Nov. 19, …
Read More »Courtesy of James R. Touchstone, Esq. As part of an officer’s total observations in evaluating whether a suspect was possibly intoxicated, an officer may testify as to the significance of …
Read More »Courtesy of James R. Touchstone, Esq. In the case of Bacilio v. City of L.A., 2018 Cal. App. LEXIS 968 (2nd Dist. Oct. 25, 2018), the California Second District Court …
Read More »By Shaun Rundle, Deputy Director. It is no secret that Assembly member Shirley Weber will be introducing a 2019 version of AB 931 on the topic of use of force. …
Read More »Courtesy of James R. Touchstone, Esq. On August 16, 2018 in the case of Smith v. Superior Court of San Francisco, 2018 Cal. App. LEXIS 931 (San Francisco County Superior …
Read More »POLICE CONDUCT/CONSTITUTIONAL LAW Individual has established Fourth Amendment right to privacy against intrusion involving visual search of naked body, where intrusion into privacy outweighs given governmental interests. Ioane v. Hodges, …
Read More »Courtesy of James R. Touchstone, Esq. On September 7, 2018 in In re Edwards, 26 Cal. App. 5th 1181 (2018), the California Second District Court of Appeal granted the petition …
Read More »Courtesy of James R. Touchstone, Esq. & Keth F. Collins, Esq. On September 30, 2018 Governor Brown signed into law Assembly Bill 748 (“AB 748”) which added language to the …
Read More »Courtesy of James R. Touchstone, Esq. & Gregory P. Palmer, Esq. Governor Brown recently signed into law Senate Bill 1421 (“SB 1421”) which changed the confidential status of certain records …
Read More »By Shaun Rundle, Deputy Director. Cementing the final criminal justice components of his legacy of his Governorship, which spreads over two separate eight-year reigns, Governor Jerry Brown signed various public …
Read More »Courtesy of James R. Touchstone, Esq. On September 13, 2018 in the case of City of Los Angeles v. Jefferson B. Sessions, 293 F. Supp. 3d 1087 (C.D. Cal. 2018), …
Read More »Courtesy of James R. Touchstone, Esq. & Paul R. Coble, Esq. As reported to you in an earlier Client Alert (Vol. 33 No. 23; July 27, 2018) the First District …
Read More »Courtesy of James R. Touchstone, Esq. The Law Enforcement Officers Safety Act (“LEOSA”) is a federal law that was enacted in 2004 which is set forth in 18 U.S.C. Sections …
Read More »POLICE CONDUCT/CONSTITUTIONAL LAW Defendant may be found guilty of resisting arrest, even where officer subsequently uses excessive force to effect the arrest, so long as the initial act of resistance …
Read More »By Shaun Rundle, Deputy Director. With a membership of over 32,000 peace officers of all ranks and agencies, CPOA has maintained our ability to get the right people at the …
Read More »Courtesy of James R. Touchstone, Esq. In Martin v. City of Boise, 2018 U.S. App. LEXIS 25032 (9th Cir. Sept. 4, 2018), the Ninth Circuit Court of Appeals held that …
Read More »By Shaun Rundle, Deputy Director. Last Friday the Legislature cast their final votes for the 2017-18 legislative session. Some of those votes were favorable to CPOA, but the majority were …
Read More »Courtesy of James R. Touchstone, Esq. POLICE CONDUCT/CONSTITUTIONAL LAW District Court order in immigration case denies, in part, and grants, in part, the federal government’s motion for preliminary injunction. United …
Read More »Courtesy of James R. Touchstone, Esq. In Boling v. Public Employment Relations Board, 2018 Cal. LEXIS 5674 (Cal. Aug. 2, 2018), the Supreme Court of California found that a mayor …
Read More »Courtesy of James R. Touchstone, Esq. In a case entitled Shorter v. Baca, (9th Cir. 2018) 2018 U.S. App. LEXIS 19491, the Ninth Circuit recently determined that jail officials were …
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