California Municipal Law Blog
category:
Law Enforcement
by Sunny Huynh 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
tags:
AB 103, AB 450, Edward Byrne Memorial Justice Assistance Grant, Jeff Sessions, Sanctuary City, SB 54,
by William R. Galstan 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
tags:
Brady v. Maryland, Criminal Discovery, District Attorney, Pitchess Motions, Pitchess v. Superior Court,
by Karen A. Feld 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
tags:
Parole, Penal Code, Sex Offenders,
by Derek P. Cole on August 28, 2014
posted in
Law Enforcement, Medical Marijuana, Proposition 215,
Local governments in California—and especially law enforcement agencies—know all too well the many myths that pervade the medical-marijuana movement. From the notion that California has “legalized” marijuana for medical purposes (those who legitimately use marijuana are only given immunity from prosecution) to the claim that dispensary operators can act as “caregivers” for their often numerous members (the State Supreme Court has clearly ruled otherwise) misperceptions abound about the proper interpretation of California’s landmark Proposition 215 and its companion legislation, ... Continue Reading
tags:
Law Enforcement, Medical Marijuana, Medical Marijuana Program Act, MMPA,
by Daniel S. Roberts on June 30, 2014
posted in
Fourth Amendment, Search and Seizure,
On June 25, 2014, the United States Supreme Court unanimously held that police may not rely on the search-incident-to-lawful-arrest exception to justify a search of an arrestee’s cell phone. This holding directly disapproves the California Supreme Court’s 2011 holding in People v. Diaz, which previously authorized such searches. Officers wishing to search the contents of an arrestee’s cell phone must now either obtain a search warrant or rely on another exception to the warrant requirement.
... Continue Reading
tags:
Cell phones, Fourth Amendment, Search and Seizure,
