California Municipal Law Blog
category:
Law Enforcement

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

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

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

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

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

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