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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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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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.  …

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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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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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, …

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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 …

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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 …

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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 …

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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 …

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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 …

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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  …

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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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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September 6, 2016

Federal Ban On The Sale Of Firearms To Medical Marijuana Card Holders Does Not Violate The Second Amendment

On August 31, 2016, a three judge panel of the Ninth Circuit U.S. Court of Appeal in Wilson v. Lynch affirmed the dismissal of a complaint alleging that federal statutes, …

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