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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. […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]