May 12, 2022
CPOA Case Summaries-March/April 2022
Courtesy of James R. Touchstone, Esq. The following Case Summaries have been provided by Jim Touchstone, CPOA’s General Counsel. CPOA CASE SUMMARIES – MARCH 2022 CPOA CASE SUMMARIES – April …
July 13, 2020
CPOA CASE SUMMARIES – JUNE 2020
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 …
July 7, 2020
Press Release: CPOA Launches Association App Designed Pro Bono by Cordico
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 » 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 » August 26, 2019
PEOPLE V. RAY’S FINDING OF COMMUNITY CARETAKING EXCEPTION IN ABSENCE OF EXIGENCY IS DISAPPROVED
Courtesy of James R. Touchstone, Esq. In People v. Ovieda,[1] the California Supreme Court held that the community caretaking exception does not apply in the absence of exigency. In reaching …
Read More » April 1, 2019
AB 392 Set for Hearing with Amendments
By Shaun Rundle, Deputy Director. The controversial use of force legislation carried by Assembly members Shirley Weber (D-San Diego) and Kevin McCarty (D-Sacramento) has been set for a special-order hearing …
Read More » 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 …
Read More » July 16, 2018
California’s Changing Marijuana Laws & Its Effect on Search & Seizure
Seth Cimino, Special Investigations Narcotics Detective Citrus Heights Police Department assigned to Sacramento County Sheriff’s Department Cal-MMET CPOA Instructor & Member Well, it’s here California….full blown “commercial for-profit” marijuana activities. …
Read More » July 13, 2018
ABOOD OVERTURNED; PUBLIC SECTOR AGENCY-SHOP ARRANGEMENT REQUIRING DUES FROM NONMEMBERS CONTRAVENES FIRST AMENDMENT
Courtesy of James R. Touchstone, Esq. On June 27, 2018, in the case of Janus v. AFSCME, Council 31, 2018 U.S. LEXIS 4028 (U.S. June 27, 2018), the Supreme Court …
Read More » July 9, 2018
CPOA CASE SUMMARIES – JUNE 2018
Courtesy of James R. Touchstone, Esq. Existence of probable cause does not preclude a plaintiff’s First Amendment retaliation claim where city council arrests outspoken critic. Lozman v. City of Riviera …
Read More » June 27, 2018
CALIFORNIA COURT OF APPEAL FINDS THAT GOVERNMENT CODE SECTION 7522.72 IS CONSTITUTIONAL
Courtesy of James R. Touchstone, Esq. On June 19, 2018, in the case of Hipsher v. Los Angeles County Employees Retirement Assn., 2018 Cal. App. LEXIS 561, the California Court …
Read More » June 27, 2018
PEACE OFFICERS MUST GENERALLY OBTAIN A WARRANT SUPPORTED BY PROBABLE CAUSE BEFORE OBTAINING HISTORICAL CELL-SITE LOCATION INFORMATION
Courtesy of James R. Touchstone, Esq. In the course of executing its various functions, a cell phone continually searches for the best signal and typically connects to the nearest site …
Read More » June 25, 2018
EXISTENCE OF PROBABLE CAUSE DOES NOT PRECLUDE A PLAINTIFF’S FIRST AMENDMENT RETALIATION CLAIM WHERE CITY COUNCIL ARRESTS OUTSPOKEN CRITIC
Courtesy of James R. Touchstone, Esq. Does the existence of probable cause defeat a First Amendment claim under 42 U.S.C. section 1983 for retaliatory arrest? On June 18, 2018, in …
Read More » December 19, 2017
3 IMPACTS OF THE INTERNET OF THINGS (IoT) ON POLICING
3 IMPACTS OF THE INTERNET OF THINGS (IoT) ON POLICING Lieutenant Brian Ellis; Sacramento Police Department It’s a Saturday night on the outskirts of the city limits when police receive a …
Read More » December 7, 2017
POLICE BODY WORN CAMERAS: IS TRANSPARENCY ACHIEVABLE?
POLICE BODY WORN CAMERAS: IS TRANSPARENCY ACHIEVABLE? Jarod Primicerio California State University Dominguez Hills Introduction When any type of emergency occurs; a car accident, an intruder enters your home, a …
Read More » July 5, 2017
Preliminary Injunction Granted Regarding Possession/Use of High-Capacity Magazines
Courtesy of James R. Touchstone, Esq. of Jones & Mayer On June 29, 2017, the federal District Court for the Southern District of California, in the case entitled Duncan v. Becerra, …
Read More » April 12, 2017
Technical and Tactical Philosophy in Policing: Making Vision Statements Intentional
Brian Ellis, Sacramento Police Department Anthony H. Normore and Mitch Javidi, International Academy of Public Safety Hanging on the wall in every lobby of police organizations is a vision …
Read More » April 4, 2017
Call for Board Nominations
The Call for Board Nominations is now open. CPOA is accepting nominations for: 2nd Vice President, 3rd Vice President, Treasurer, and three at-large Directors. CPOA is looking for individuals that …
Read More » March 22, 2017
The Importance of Climate in Police Work
In response to the avalanche of complaints and protests surrounding police shootings over the past two years, the United States Department of Justice has conducted numerous inquiries into departments around …
Read More » March 15, 2017
Paul Curry Honored with Bud Hawkins Award at Law Enforcement Legislative Day
Paul Curry was honored today with the presentation of the Bud Hawkins Award at the 25th Annual Law Enforcement Legislative Day. The award, presented annually, applauds an individual who has …
Read More » March 8, 2017
California Supreme Court to Weigh in on Pension Formula Dispute
In November 2016, the California Supreme Court granted review of Marin Association of Public Employees v. Marin County Employees’ Retirement Association, 2 Cal. App. 5th 674 (1st Dist. 2016) (“Marin …
Read More » March 8, 2017
Correctional Officers Violate Inmates’ First and Sixth Amendment Rights by Opening Legal Mail Outside Their Presence
On March 3, 2017, the Ninth Circuit Court of Appeal held, in the cases of Hayes v. Idaho Corr. Ctr., 2017 U.S. App. LEXIS 3851 and Mangiaracina v. Penzone, 2017 …
Read More » March 8, 2017
Supreme Court Case Regarding Disclosure of Records Contained in Private Accounts
On March 2, 2017, the California Supreme Court, in City of San Jose v. Superior Court of Santa Clara County (Smith),[1] held that “when a city employee uses a personal …
Read More » March 7, 2017
Agencies May Have a Duty to Accommodate Injured Police Recruits Under FEHA
On February 14, 2017, the California Second District Court of Appeal held, in the case of Atkins et al. v. City of Los Angeles, 2017 Cal. App. LEXIS 115, that …
Read More » January 9, 2017
New Bill Requires Public Notice of Agency Surveillance Use
By Shaun Rundle, Legislative & Region Affairs Representative. To build upon the Legislature’s desire for more law enforcement transparency, Senator Jerry Hill (D-San Mateo) recently introduced SB 21. This bill …
Read More » December 9, 2016
A Changing Paradigm: The New World of Commercial Cannabis
Authored by: Sergeant Angela Voorhees, Sierra Madre Police Department & Chief Michael Salvador, Coalinga Police Department contributing The legislative year is slowly coming to an end and I, like many others …
Read More » October 25, 2016
To improve relations, tell your story
By Bill Rams and Joe Vargas A narcotics officer transferring to patrol cuts his waist-length blond locks for the first time in five years. A meth addict thanks the cop …
Read More » October 17, 2016
CPOA Case Summaries – September 2016
Provided by Martin J. Mayer and Brittany E. Roberto of Jones & Mayer CONSTITUTIONAL LAW Officers had reasonable suspicion to stop defendant based on reliable tip and defendant’s behavior; subsequent …
Read More » September 27, 2016
Advice For New Sergeants
By: Michael Fernandez Are you a new sergeant? Or are you thinking of promoting to sergeant? Use this advice. Some is passed from generation to generation and other pieces were …
Read More » September 13, 2016
5 Action Steps to Reframe Police Thinking for a Wise Transition Toward Becoming a 21 Century Policing Organization
By: Lt. Brian Ellis, MS, Sacramento PD and Terry D. Anderson, PhD, Chief Leadership Officer, International Academy of Public Safety Abraham Maslow once said that, “if the only tool you have is a …
Read More »