Editorial: Ninth Circuit Court of Appeal Issues Order on Where Citizens with CCWs May Carry Firearms
Just last week, the court issued a comprehensive order related to California’s and Hawaii’s efforts to regulate where private citizens with concealed weapons permits may carry firearms – concealed or not. The issue in this case was narrow, but its reasoning may foreshadow a final decision of the issue. Please click below to read the full article.
San Diego Appeals Court Rules First Amendment Protects Open Criticism of Law Enforcement
A San Diego appellate division overturns the conviction of a man ticketed for criticizing an officer as the officer was citing someone else, ruling that a city ordinance criminalizing “loud or vulgar criticism” didn’t apply. The court affirmed the man’s First Amendment rights to openly criticize law enforcement.
Editorial: California Supreme Court Decision on Detentions in High-Crime Area Ripe for Appeal to SCOTUS
The recent decision that ruled simply avoiding police isn’t enough suspicion to detain a person is extremely troublesome, in this professor’s view. “Mere avoidance” and “hiding” are different, and officers should have leeway to temporarily stop someone for further investigation to determine criminal activity is afoot.
Promising Case About the Seizure of Locked, Anonymous Safe Deposit Boxes Doesn’t Reveal Much
Warrantless searches and seizure of anonymous safe deposit boxes violate the Fourth Amendment absent probable cause, and cannot be justified as an “inventory search.” Interesting legal issues still need to be decided after this Ninth Circuit decision.
Once a Detainee is Determined Not to Be a Threat, Officers Need to Use Common Sense in Any Use of Force
A pending federal case will decide questions of excessive force in a case stemming from the “just following policy” hot-stop of a 5-foot-2, unarmed, compliant 83-year-old woman. Robert Phillips’ advice: “Come on. Are you kidding me?”
Will Banning “Excited Delirium” as Diagnosis or Cause of Death in California Change Anything?
Gov. Gavin Newsom has signed a law to take effect Jan. 1 that makes California the first state to forbid using “excited delirium” as a diagnosis or cause of death. The legislation aims to remove the oft-used, but not medically recognized term from excusing use-of-force related deaths. Will it change anything?
An Updated Qualified Immunity Decision After a Change in Judges Prompts Reversal
A 2-1 decision from the Ninth Circuit rejecting qualified immunity for an officer who fatally shot a violently resisting man is reversed after a majority justice retires and is replaced with another judge. The case showcases the political nature of appointed justices.
CA Legislators Take Aim at Geofence / Reverse Keyword Search Warrants and Consent Searches
CA Assembly Members introduce bills to eliminate geofence Search warrants, reverse keyword searches, and consent searches; significantly impacting tools the courts have ruled to be constitutional.
Some Safety features of California’s Unsafe Handgun Act violate the Second Amendment
In California, the Legislature has imposed a number of impediments to private citizens purchasing new handguns. At issue here are parts of California’s so-called Unsafe Handgun Act (“UHA”), which (among other things) seeks to prevent the accidental discharge of a firearm.
The Public Safety Officers Procedural Bill of Rights and the Statute of Limitations
Gov’t. Code § 3304(d)(1) of the Safety Officers Procedural Bill of Rights Act provides for a one-year statute of limitation, measured from the date of the alleged violation without taking into consideration any other over-lapping violations.
