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 …
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 …
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 »Courtesy of James R. Touchstone, Esq. On August 27, 2020, in the case of Gund v. County of Trinity,[1] the California Supreme Court found that plaintiffs, who were injured by …
Read More »Courtesy of James R. Touchstone, Esq. In the August 2020 case of Facebook, Inc. v. Superior Court (Stephan),[1] the California Supreme Court directed trial courts to explicitly consider and balance …
Read More »Courtesy of James R. Touchstone, Esq. On August 14, 2020, the Ninth Circuit Court of Appeals in Duncan v. Becerra,[1] held that a California statute that banned possession of large-capacity …
Read More »Courtesy of James R. Touchstone, Esq. CONSTITUTIONAL LAW/POLICE CONDUCT Police officers’ use of deadly force was reasonable where driver attempting to flee ignored commands to stop and drove near, …
Read More »Courtesy of James R. Touchstone, Esq. In the July 2020 case of Monzon v. City of Murrieta,[1] the Ninth Circuit Court of Appeals concluded that officers acted in an objectively …
Read More »By: Shaun Rundle, CPOA Deputy Director. The Legislature is attempting to answer these questions and more with a series of legislation that while well intended, would cause more harm than …
Read More »Courtesy of James R. Touchstone, Esq. Background The California Supreme Court recently reviewed the validity of the “California Rule” in the context of the case entitled Alameda County Deputy Sheriff’s …
Read More »Courtesy of James R. Touchstone, Esq. In the July 2020 case of City & Cnty. of S.F. v. Barr,[1] the Ninth Circuit Court of Appeals upheld a permanent injunction barring …
Read More »Presented by James R. Touchstone, Esq. COVID-19 EMERGENCY Health quarantines to prevent spread of infectious diseases have long been recognized as good cause for continuing trial dates. Stanley v. Superior …
Read More »By: Shaun Rundle, CPOA Deputy Director. Just prior to breaking for their summer recess, legislators in Sacramento hustled to amend dozens of pieces of legislation regarding crowd control and riot …
Read More »Sacramento, California June 29, 2020 CPOA Launches Association App Designed Pro Bono by Cordico The California Peace Officers Association (CPOA) is proud to launch a new association app as …
Read More »Provided by CPOA Legal Counsel, James R. Touchstone, Jones & Mayer COVID-19 EMERGENCY The Judicial Council’s Emergency Rule 4’s bail schedule sets presumptive bail amount for covered offenses and violations, …
Read More »By: Shaun Rundle, CPOA Deputy Director. Although the terrible and unnecessary murder of George Floyd was committed without either the use of a carotid hold nor restraint, Governor Newsom was …
Read More »Provided by CPOA Legal Counsel James R. Touchstone, Esq. and David R. Demurjian, Esq., Jones & Mayer In the case entitled U.S. v. Grey, the Court of Appeals for the …
Read More »Provided by CPOA Legal Counsel, James R. Touchstone, Esq., Jones & Mayer California and the nation are experiencing large-scale community reaction following the tragic death, at the hands of law …
Read More »Provided by CPOA Legal Counsel, Gregory P. Palmer, Jones & Mayer On May 28, 2020, the California Supreme Court issued the long-awaited opinion in National Lawyers Guild, San Francisco Bay …
Read More »By: Shaun Rundle, Deputy Director While COVID-19 has derailed much of the legislative activity in the deserted Capitol, the Legislature was forced to switch its focus to a newly created …
Read More »Provided by CPOA Legal Counsel, James R. Touchstone, Jones & Mayer CONSTITUTIONAL LAW A. Reasonable suspicion for a traffic stop may exist when an officer reasonably believes that the registered …
Read More »Provided by CPOA Legal Counsel James R. Touchstone, Esq., Jones & Mayer As part of California’s response to the COVID-19 crisis, the Judicial Council, on April 6, 2020, adopted Emergency …
Read More »Provided by CPOA Legal Counsel James R. Touchstone, Esq., Jones & Mayer In a 6-3 decision on April 27, 2020, the United States Supreme Court in N.Y. State Rifle & …
Read More »Provided by CPOA Legal Counsel James R. Touchstone, Esq., Jones & Mayer On April 23, 2020, the Ninth Circuit Court of Appeals, in Wilk v. Neven,[1] held that prison officials …
Read More »Provided by CPOA Legal Counsel, James R. Touchstone, Esq. and Richard A. Lucero, Esq. The COVID-19 pandemic has altered many of the most fundamental expectancies of our democratic republic. Personal liberty, …
Read More »Provided by CPOA Legal Counsel James R. Touchstone, Esq., Jones & Mayer On April 23, 2020, the United States District Court for the Southern District of California, in Rhode v. …
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