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California Municipal Law Blog
category:
Law Enforcement

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,

Court Clarifies When Financial Contributions to Medical Marijuana Collective Are Lawful

by 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

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tags: Law Enforcement, Medical Marijuana, Medical Marijuana Program Act, MMPA,

U.S. Supreme Court Rules Cell Phones May Not Be Searched Incident to Arrest

by 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

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tags: Cell phones, Fourth Amendment, Search and Seizure,

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