Client Alerts Archives - California Peace Officers Association

February 5, 2019

COLLECTION OF DEFENDANT’S DNA SAMPLE WAS UNLAWFUL UNDER THE FOURTH AMENDMENT BECAUSE PROSECUTION FAILED TO PROVE THAT HIS DNA WAS COLLECTED AS PART OF A ROUTINE BOOKING PROCEDURE

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 …

February 1, 2019

EXIGENT CIRCUMSTANCE OF INMATE DISTURBANCES AND LOCKDOWNS JUSTIFIED JAIL OFFICIALS’ DENYING PRETRIAL DETAINEE PLAINTIFF A BED AS OFFICIALS WERE PRIORITIZING SECURITY NEEDS

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 …

February 1, 2019

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 SUBSEQUENT ARREST

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 …

January 28, 2019

BUREAU OF PRISONS STATUTE PROHIBITING THE MAILING OF THREATENING LETTERS WHILE IMPRISONED IS NOT UNCONSTITUTIONALLY VAGUE AND IS SUFFICIENTLY NARROW TO ENCOMPASS UNTRUTHFUL THREATS

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 …

January 8, 2019

CALIFORNIA DOJ PROMULGATES GUIDELINES REGARDING RETENTION REQUIREMENTS FOR RECORDS PURSUANT TO SENATE BILL 1421

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 …

December 5, 2018

WITHOUT SUBSTANTIVE CHANGES, MERE RESTATEMENT OF STATE PROVISION IN SUBSEQUENT BALLOT MEASURE DOES NOT TERMINATE STATE OBLIGATION TO REIMBURSE COUNTIES FOR COSTS INCURRED IN COMPLIANCE WITH PROVISION

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, …

November 7, 2018

A CRIMINAL INVESTIGATION IS NO LONGER PENDING — AND THE TOLLING PERIOD IN POBRA’S SECTION 3304(D)(2)(A) ENDS — WHEN A FINAL DETERMINATION IS MADE NOT TO PROSECUTE ALL OF THE PUBLIC SAFETY OFFICERS IMPLICATED IN THE MISCONDUCT AT ISSUE

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 …

October 30, 2018

PETITIONER ENTITLED TO RETURN OF SEIZED MARIJUANA PROPERTY UNDER CALIFORNIA LAW

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 …

October 26, 2018

DUE TO THE PASSAGE OF PROPOSITION 57, ALL NONVIOLENT STATE PRISONERS, INCLUDING “THIRD STRIKE” OFFENDERS, ARE ELIGIBLE FOR PAROLE CONSIDERATION

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 …

October 8, 2018

POLICE OFFICER BODY CAMERA VIDEO AND AUDIO RECORDINGS OF “CRITICAL INCIDENTS” ARE DISCLOSABLE UNDER THE PUBLIC RECORDS ACT

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 …

October 3, 2018

RECORDS OF OFFICER INVOLVED SHOOTINGS, USES OF FORCE RESULTING IN GREAT BODILY INJURY OR DEATH, AND SUSTAINED INCIDENTS OF SEXUAL ASSAULT AND DISHONESTY ARE SUBJECT TO DISCLOSURE UNDER THE PUBLIC RECORDS ACT

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 …

September 28, 2018

DISTRICT COURT ORDER IN IMMIGRATION CASE GRANTS CITY’S APPLICATION FOR PRELIMINARY INJUNCTION WHERE ATTORNEY GENERAL SEEKS TO IMPOSE IMMIGRATION CONDITIONS ON FEDERAL GRANTS FOR CITY

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), …

September 28, 2018

CALIFORNIA SUPREME COURT DENIES REVIEW OF COURT OF APPEAL DECISION ON POBRA STATUTE OF LIMITATIONS

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 …

September 28, 2018

A REVIEW OF THE LAW ENFORCEMENT OFFICERS SAFETY ACT AND RECENT CASE DEVELOPMENTS

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 …

September 13, 2018

THE EIGHTH AMENDMENT’S PROHIBITION ON CRUEL AND UNUSUAL PUNISHMENT BARS CITY FROM PROSECUTING INDIVIDUALS CRIMINALLY FOR SLEEPING OUTSIDE ON PUBLIC PROPERTY WHEN NO SHELTER AVAILABLE

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 …

August 23, 2018

MEET AND CONFER DUTY ATTACHES WHERE LOCAL OFFICIAL WITH RESPONSIBILITY OVER LABOR RELATIONS USES POWER OF OFFICE TO LEAD PROMOTION OF BALLOT INITIATIVE AFFECTING PUBLIC EMPLOYMENT TERMS AND CONDITIONS

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 …

August 20, 2018

PLAINTIFF ENTITLED TO NEW TRIAL WHERE SUBSTANTIAL EVIDENCE SHOWS JAIL OFFICIALS NOT ENTITLED TO DEFERENCE BY JURY ON CONDITIONS OF CONFINEMENT AND EXCESSIVE SEARCH CLAIMS

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 …

August 20, 2018

WARRANTLESS ENTRY BY LAW ENFORCEMENT OFFICERS INTO AN INHABITED DWELLING DEEMED THE PROXIMATE CAUSE OF THE PLAINTIFFS’ INJURIES SUSTAINED FOLLOWING SHOOTING INCIDENT

Courtesy of James R. Touchstone, Esq. On remand from the United States Supreme Court, the Ninth Circuit Court of Appeals held, in Mendez v. Cnty. of L.A., 2018 U.S. App. …

August 17, 2018

CALIFORNIA SUPREME COURT UPHOLDS PUBLIC AGENCY PURSUIT IMMUNITY ACCORDED BY CALIFORNIA VEHICLE CODE SECTION 17004.7

Courtesy of James R. Touchstone, Esq. On August 13, 2018, the Supreme Court of California held, in Ramirez v. City of Gardena, that a public agency’s pursuit policy must have …

August 3, 2018

OFFICERS HAD REASONABLE SUSPICION TO BELIEVE THAT SUSPECT WAS ENGAGED IN CRIMINAL ACTIVITY UNDER THE TOTALITY OF THE CIRCUMSTANCES

Courtesy of: James R. Touchstone, Esq. In a decision entitled United States v. Luckett, 2018 U.S. App. LEXIS 18456 (9th Cir. July 6, 2018), the Ninth Circuit Court of Appeals affirmed …

July 31, 2018

POBRA STATUTE OF LIMITATIONS ACCRUAL DATE NOT APPLICABLE AT THE POINT IN TIME WHEN A SENIOR OFFICER, WHO WAS NOT A PERSON “AUTHORIZED TO INITIATE AN INVESTIGATION”, RECEIVED EVIDENCE OF MISCONDUCT

Courtesy of: James R. Touchstone, Esq. and Paul R. Coble, Esq. In Daugherty v. City and County of San Francisco, 24 Cal. App. 5th 928 (1st Dist. 2018), published in July …

July 31, 2018

NINTH CIRCUIT RULES THAT SECOND AMENDMENT PROTECTS THE RIGHT TO OPEN CARRY OF FIREARM

Courtesy of James R. Touchstone, Esq. and Keith F. Collins, Esq. On July 24, 2018, the Ninth Circuit Court of Appeals decided, in the case of Young v. State of Hawaii, …

July 24, 2018

DISTRICT COURT ORDER IN IMMIGRATION CASE DENIES, IN PART, AND GRANTS, IN PART, THE FEDERAL GOVERNMENT’S MOTION FOR PRELIMINARY INJUNCTION

Courtesy of James R. Touchstone, Esq. In the case of United States v. California, 2018 U.S. Dist. LEXIS 112055 (E.D. Cal. July 5, 2018), a motion by the United States of …

July 9, 2018

NINTH CIRCUIT GRANTS QUALIFIED IMMUNITY FOR USE OF FORCE, BUT PERMITS ADA AND REHABILITATION ACT CLAIMS TO PROCEED

Courtesy of James R. Touchstone, Esq. On June 11, 2018, in the case of Vos v. City of Newport Beach, 2018 U.S. App. LEXIS 15633 (U.S. June 11, 2018), the Ninth …

June 8, 2018

COMMUNICATIONS CONFIGURED BY SOCIAL MEDIA USERS TO BE PUBLIC FALL WITHIN THE LAWFUL CONSENT EXCEPTION OF THE STORED COMMUNICATION ACT, PRESUMPTIVELY PERMITTING SOCIAL MEDIA PROVIDER DISCLOSURE

Courtesy of James R. Touchstone, Esq. Communications configured by social media users to be “public” fall within the lawful consent exception of Stored Communication Act’s section 2702(b)(3), according to the …

June 8, 2018

AUTOMOBILE EXCEPTION TO FOURTH AMENDMENT WARRANT REQUIREMENT DOES NOT PERMIT SEARCH OF VEHICLE LOCATED IN CURTILAGE OF HOME

Courtesy of James R. Touchstone, Esq. On May 29, 2018, in the case of Collins v. Virginia, 2018 U.S. LEXIS 3210 (U.S. May 29, 2018), the Supreme Court of the …

May 22, 2018

U.S. SUPREME COURT CONCLUDES THAT A DRIVER IN OTHERWISE LAWFUL POSSESSION AND CONTROL OF A RENTAL CAR HAS A REASONABLE EXPECTATION OF PRIVACY

Courtesy of James R. Touchstone, Esq. On May 14, 2018, in the case of Byrd v. United States, 2018 U.S. LEXIS 2803 (U.S. May 14, 2018), the Supreme Court of …

May 22, 2018

U.S. SUPREME COURT REJECTS NINTH CIRCUIT’S RECOGNITION OF “CLASS-LIKE CLAIMS” IN A NON-CLASS ACTION LAWSUIT CONCERNING APPLICATION OF SAFETY RESTRAINTS IN PRE-TRIAL PROCEEDINGS

Courtesy of James R. Touchstone, Esq. On May 14, 2018, in the case of United States v. Sanchez-Gomez, 2018 U.S. LEXIS 2804 (U.S. May 14, 2018), the United States Supreme …

April 10, 2018

OFFICER IS ENTITLED TO QUALIFIED IMMUNITY WHERE OFFICER’S ACTIONS DO NOT VIOLATE CLEARLY ESTABLISHED RIGHT THAT A REASONABLE OFFICER WOULD HAVE KNOWN

Courtesy of: James R. Touchstone, Esq. On April 2, 2018, in Kisela v. Hughes, 2018 U.S. LEXIS 2245 (U.S. Apr. 2, 2018), the United States Supreme Court held that, even assuming …

April 6, 2018

GUIDED BY U.S. SUPREME COURT PRECEDENT, CALIFORNIA SUPREME COURT HOLDS THAT COLLECTION OF DNA CHEEK SWAB IS REASONABLE WHEN REQUIRED OF A FELONY ARRESTEE

Courtesy of: James R. Touchstone, Esq. On April 2, 2018, in the case of People v. Buza, 2018 Cal. LEXIS 2245 (Cal. Apr. 2, 2018), the Supreme Court of California held …

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