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California Municipal Law Blog
category:
Law Enforcement

New Laws Affecting Public Access to Police Records: SB1421 and AB748

by on October 25, 2018

posted in Law Enforcement, Public Records Act,

The Legislature has responded to public pressure calling for increased transparency into local policing by passing two new laws that mandate disclosure of records related to officer misconduct and use of force incidents. With Governor Brown’s signature, SB1421 and AB 748 will change how police departments respond to requests for certain personnel records and recordings of use of force incidents that were previously exempt from disclosure.  ... Continue Reading

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tags: AB 748, Bodycam, Law Enforcement, Officer-involved shootings, Police, Public Records, SB 1421,

California Supreme Court Rules in Favor of Police in a Pursuit Accident Case

by on August 15, 2018

posted in Law Enforcement, Recent Court Decisions,

The California Supreme Court issued a very favorable ruling in favor of police agencies on August 13, 2018. In an unanimous opinion, the Court ruled that a police department that requires ALL of the officers to certify that they have read and understood the vehicle-pursuit policy can claim immunity even if all its members failed to sign. Ramirez v. City of Gardena (2018) S244549.  ... Continue Reading

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tags: Ramirez v. City of Gardena, Vehicle Pursuit,

The Feds’ New Lawsuit Against State “Sanctuary City” Laws: What’s At Issue

by on March 13, 2018

posted in Law Enforcement, Legislative Updates, Uncategorised,

On March 7, 2018, U.S. Attorney General Jeff Sessions announced a lawsuit challenging California’s “sanctuary” state laws.  This is only one in a series of actions that Attorney General Sessions’ has taken to curtail “sanctuary” efforts in the United States. While the term “sanctuary” city or state does not have a precise definition, it generally refers to a jurisdiction that limits its cooperation with federal immigration authorities.  The idea behind a “sanctuary” city or state is to reduce the fear of deportation among immigrants living in a jurisdiction illegally, ... Continue Reading

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tags: AB 103, AB 450, Edward Byrne Memorial Justice Assistance Grant, Jeff Sessions, Sanctuary City, SB 54,

Court Clarifies Duties of Police, City Attorneys, District Attorneys for Pitchess Discovery Motions

by on July 20, 2015

posted in Law Enforcement, Pitchess Motions,

The California Supreme Court has resolved questions that have arisen among police departments, city attorneys and district attorneys about their obligations to respond to criminal discovery requirements under the landmark decisions of Brady v. Maryland and Pitchess v. Superior Court. The Brady case, generally, requires the prosecution to disclose material evidence that is favorable to the criminal defendant.  Pitchess holds that peace officers are entitled to a measure of privacy, and that their personnel records can only be examined and disclosed after the filing of a “Pitchess motion”.  ... Continue Reading

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tags: Brady v. Maryland, Criminal Discovery, District Attorney, Pitchess Motions, Pitchess v. Superior Court,

Sexual Offender Ordinances

by on October 9, 2014

posted in Law Enforcement, Sex Offenders,

Local entities (cities and counties) have been faced with legal challenges to their sex offender ordinances that were passed after Jessica’s Law in 2006. They are also faced with frustrated citizens who demand the most restrictive ordinances possible, without realizing the legal limitations. It is important for entities to understand the background for these laws, recent court developments and future legislation.  ... Continue Reading

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tags: Parole, Penal Code, Sex Offenders,

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