Social Media and First Amendment Freedom of Speech Rights
A Law enforcement employee publishing comments on social media that may affect his or her agency’s operations or internal discipline may not be protected by the employee’s First Amendment right of Freedom of Speech.
Detentions for Investigation
Detentions for investigation in high crime areas, where a suspect’s furtive acts generate a police officer’s reasonable suspicion to believe the suspect is involved in criminal activity.
Obstructing a Law Enforcement Officer in the Performance of his Duties
Penal Code § 69(a) as it relates to Penal Code § 148(a)(1), the prosecutorial decision of which to charge, and when section 148(a)(1) is a lesser included offense of section 69(a).
Use of Force in Making an Arrest
The use of a beanbag shotgun and then kneeling on an arrestee’s back while handcuffing him may constitute a Fourth Amendment excessive force violation, depending upon the circumstances.
Booking Questions and Minors
A minor’s responses to booking questions asked of the minor relative to the minor’s “name, address, height, weight, eye color, date of birth, and current age” are admissible in evidence despite the lack of a preceding Miranda admonishment and waiver.