December 27, 2022
CPOA Case Summaries-Nov 2022
Courtesy of James R. Touchstone, Esq. The following Case Summaries have been provided by James R. Touchstone, Esq., Partner at Jones Mayer and CPOA’s General Counsel. CPOA CASE SUMMARIES – NOVEMBER …
November 16, 2022
CPOA Case Summaries-Sept/Oct 2022
CPOA Case Summaries-Sept/Oct 2022 Courtesy of James R. Touchstone, Esq. The following Case Summaries have been provided by Jim Touchstone, Partner at Jones & Mayer and CPOA’s General Counsel. CPOA …
September 9, 2022
CPOA Case Summaries-July 2022
Courtesy of James R. Touchstone, Esq. The following Case Summaries have been provided by Jim Touchstone, Partner at Jones & Mayer and CPOA’s General Counsel. CPOA CASE SUMMARIES – JULY …
Read More » July 28, 2022
CPOA Case Summaries-June 2022
Courtesy of James R. Touchstone, Esq. The following Case Summaries have been provided by Jim Touchstone, CPOA’s General Counsel. CPOA CASE SUMMARIES – JUNE 2022
Read More » March 14, 2022
CPOA Case Summaries-February 2022
Courtesy of James R. Touchstone, Esq. CONSTITUTIONAL LAW/ POLICE CONDUCT Court extends the Bivens remedy to allow suit against a correctional officer who allegedly created a substantial risk of harm …
Read More » January 24, 2022
CPOA CASE SUMMARIES – DECEMBER 2021
Courtesy of James R. Touchstone, Esq. CONSTITUTIONAL LAW/ POLICE CONDUCT Defendant’s murder conviction was reversed because the police officer obtained defendant’s confession by threatening to charge his sons …
Read More » December 16, 2021
CPOA Case Summaries – November 2021
Courtesy of James R. Touchstone, Esq. CPOA CASE SUMMARIES – NOVEMBER 2021 CONSTITUTIONAL LAW/POLICE CONDUCT A. Plaintiff raising his hands in the air and questioning why he was being …
Read More » November 12, 2021
CPOA Case Summaries – October 2021
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 » November 12, 2021
CPOA Case Summaries – September 2021
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 » September 27, 2021
CPOA Case Summaries – August 2021
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 » August 9, 2021
CPOA Case Summaries – July 2021
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 » July 23, 2021
CPOA Case Summaries – June 2021
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 » June 16, 2021
CPOA Case Summaries – May 2021
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 » May 18, 2021
CPOA Case Summaries – April 2021
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 » March 10, 2021
CPOA CASE SUMMARIES – FEBRUARY 2021
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 » February 16, 2021
CPOA CASE SUMMARIES – JANUARY 2021
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 » January 20, 2021
CPOA CASE SUMMARIES – DECEMBER 2020
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 » December 2, 2020
CPOA CASE SUMMARIES – OCTOBER 2020
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 » October 15, 2020
CPOA CASE SUMMARIES – SEPTEMBER 2020
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 » September 16, 2020
CPOA CASE SUMMARIES – AUGUST 2020
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 » August 17, 2020
CPOA CASE SUMMARIES – JULY 2020
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 » June 15, 2020
CPOA CASE SUMMARIES – MAY 2020
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 » May 15, 2020
CPOA CASE SUMMARIES – APRIL 2020
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 » April 15, 2020
CPOA CASE SUMMARIES – MARCH 2020
Provided by CPOA Legal Counsel, James R. Touchstone, Jones & Mayer CONSTITUTIONAL LAW A. Search of parolee’s cellphone did not violate Fourth Amendment because legitimate interest existed in determining whether …
Read More » March 16, 2020
CPOA CASE SUMMARIES – FEBRUARY 2020
Provided by CPOA Legal Counsel, James R. Touchstone, Jones & Mayer A. Juvenile correctional officer improperly granted summary judgment on a juvenile detainee’s 42 U.S.C. section 1983 Fourteenth Amendment claims …
Read More » February 12, 2020
CPOA CASE SUMMARIES – JANUARY 2020
Provided by CPOA Legal Counsel, James R. Touchstone, Jones & Mayer CONSTITUTIONAL LAW A. California charter cities are not exempt from compliance with Government Code section 7284.6, which prohibits state …
Read More » January 23, 2020
CPOA CASE SUMMARIES – DECEMBER 2019
Provided by CPOA Legal Counsel, James R. Touchstone, Jones & Mayer CONSTITUTIONAL LAW A. Defendant’s electronic device search condition was invalid under People v. Lent because it imposed a significant …
Read More » December 20, 2019
CPOA CASE SUMMARIES – NOVEMBER 2019
Provided by CPOA Legal Counsel, James R. Touchstone, Jones & Mayer CONSTITUTIONAL LAW Given the nature of defendant’s offense, there was a relationship between theft of electronic devices and the …
Read More » December 6, 2019
SOUTHERN DISTRICT FINDS CITY SEX OFFENDER RESIDENCY ORDINANCE PREEMPTED BY STATE LAW
Provided by CPOA Legal Counsel, James R. Touchstone, Jones & Mayer On November 19, 2019, the United States District Court for the Southern District of California in the case of …
Read More » November 13, 2019
CPOA CASE SUMMARIES – OCTOBER 2019
Courtesy of James R. Touchstone, Esq. CONSTITUTIONAL LAW A. District Court declines to recognize a per se rule that automatically permits a patsearch for every lawfully detained robbery suspect; specific …
Read More »