by Derek P. Cole on August 12, 2014
posted in CEQA, Elections, Initiatives,
Californians are fond of government by initiative. At the ballot box, state voters have registered their preferences on a number of hot-button issues. Voters have done the same at the local level, often using the initiative power to slow the pace of growth and gain control over land use. ... Continue Reading
by Derek P. Cole on August 10, 2014
posted in Mello Roos Act, Propositions 13/26/218, Special Taxes,
When a city proposes a special tax on only a certain class of property owners, may it allow only those who would be subject to the tax to vote on the proposed measure? No, according to a recent court decision. ... Continue Reading
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