Provided by James R. Touchstone Esq On September 30, 2021, Senate Bill 16 (“SB 16”) was signed and chaptered into law and will take effect on January 1, 2022. This …
Provided by James R. Touchstone Esq In the case of Ballou v. McElvain,[1] the Ninth Circuit Court of Appeals affirmed the denial of qualified immunity to a police chief on …
Provided by James R. Touchstone Esq In October 2021, the Ninth Circuit Court of Appeals in GEO Grp., Inc. v. Newsom,[1] reversed a District Court’s order denying the United States’ …
Read More »Provided by James R. Touchstone Esq In October 2021, the United States Supreme Court, in its per curiam decision City of Tahlequah v. Bond,[1] concluded that a Circuit Court of …
Read More »Provided by James R. Touchstone Esq In the case Rivas-Villegas v. Cortesluna,[1] the United States Supreme Court reversed the Ninth Circuit Court of Appeal’s decision denying qualified immunity to a …
Read More »Provided by James R. Touchstone Esq In Sanders v. City of Pittsburg,[1] the Ninth Circuit Court of Appeals affirmed the dismissal of a complaint brought pursuant to 42 U.S.C. section …
Read More »Provided by James R. Touchstone Esq In People v. Raybon,[1] the California Supreme Court concluded that possession of cannabis in prison remains a violation of Penal Code section 4573.6, even …
Read More »Provided by James R. Touchstone Esq In Ohlson v. Brady,[1] the Ninth Circuit Court of Appeals determined that public agency defendants were entitled to qualified immunity in an employee’s action …
Read More »Provided by James R. Touchstone Esq, Richard A. Lucero Esq On July 23, 2021, AB1475 was signed and chaptered into law, and will take effect on January 1, 2022. The …
Read More »Provided by James R. Touchstone In a 2-1 opinion, the Ninth Circuit Court of Appeals, in Lemos v. Cty. of Sonoma,[1] affirmed a District Court’s holding that a 42 U.S.C. …
Read More »Provided by James R. Touchstone, Esq. Richard A. Lucero, Esq. The persistence of the COVID-19 pandemic, the transmissibility associated with the Delta variant, and differing beliefs about personal autonomy and …
Read More »Courtesy of James R. Touchstone, Esq. CPOA CASE SUMMARIES – OCTOBER 2021 CONSTITUTIONAL LAW/POLICE CONDUCT Even assuming a police officer testified falsely during administrative proceedings, there was no …
Read More »Courtesy of James R. Touchstone, Esq. CPOA CASE SUMMARIES – SEPTEMBER 2021 CONSTITUTIONAL LAW/POLICE CONDUCT A. Plaintiffs were likely to succeed on their claim that the destruction of …
Read More »By: Shaun Rundle, CPOA Deputy Director. In Gardena, home district of Senator Steven Bradford, Governor Newsom signed a package of public safety bills that CPOA has lobbied all year. They …
Read More »Courtesy of James R. Touchstone, Esq. CONSTITUTIONAL LAW/POLICE CONDUCT A. CDCR officials who adopted regulations that were later voided entitled to legislative immunity. Jones v. Allison, 2021 U.S. App. …
Read More »Courtesy of James R. Touchstone, Esq. CONSTITUTIONAL LAW/POLICE CONDUCT A. Killgore decision re massage establishments and closely regulated inspections. Killgore v. City of S. El Monte, 2021 U.S. App. LEXIS …
Read More »Provided by Gregory P. Palmer, Esq., James R. Touchstone, Esq., & Veronica R. Donovan, Esq. Background The Ninth Circuit Court of Appeals has recently reaffirmed a decades old California state …
Read More »Courtesy of James R. Touchstone, Esq. CONSTITUTIONAL LAW/POLICE CONDUCT A. The Supreme Court clarifies the extent of authority of Indian tribal peace officers on public rights-of-way on reservation land. United …
Read More »Provided by James R. Touchstone, Esq. In the June 2021 case of Miller v. Bonta,[1] the United States District Court for the Southern District of California held that California statutes …
Read More »Provided by James R. Touchstone, Esq. In Lange v. California,[1] the United States Supreme Court held that an officer’s pursuit of a fleeing misdemeanor suspect does not categorically justify a …
Read More »By: Shaun Rundle, CPOA Deputy Director. Two of the bills that CPOA’s Law & Legislation Committee felt to be of the biggest-impact for 2021, are SB 2 (Bradford-D) and AB …
Read More »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 …
Read More »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 …
Read More »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, …
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