Correctional Officer IV Toamalama Scanlan succumbed to gunshot wounds sustained on September 3rd, 2016, while responding to an active shooter inside of the lobby of the Main Jail.
A subject had entered the lobby and attempted to cut to the…
Anti-SLAPP
RC Phillips, DDA (Ret.)
October, 2021
In 2019, California’s appellate courts issued 42 published opinions interpreting the state’s anti-SLAPP statute. Cal. Civ. Proc. § 425.16 et. seq. Litigants filed at least 435…
Intoxication Evidence
RC Phillips, DDA (Ret)
October, 2021
I. Relevant Penal Code Statutes
Penal Code section 29.4 (former Penal Code section 22, amended)
(a) No act committed by a person while in a…
Police Officers’ First Amendment Rights
RC Phillips, DDA (Ret.)
October, 2021
Moser v. City of Las Vegas (Jan. 12, 2021) 984 F.3rd 900
McAuliffe vs. City of New Bedford (1892) 155 Mass. 216
A policeman did not…
JURISDICTION and VENUE
RC Phillips, DDA (Ret.)
October, 2021
This P&A explains the distinction between jurisdiction and venue; discusses statutory venue requirements; and reviews the procedures for a defense objection to…
Police Officers Negotiating Traffic Citation Plea Deals
RC Phillips, DDA (Ret.)
October, 2021
It has recently come to light that police officers, subpoenaed into court on traffic citation trials, are being approached by…
Gang Injunctions
RC Phillips, DDA (Ret.)
October, 2021
Los Angeles must change use of gang injunctions under court settlement [Los Angeles Times]
Los Angeles police and prosecutors can no longer blanket entire areas of…
Proposition 64
RC Phillips, DDA (Ret.)
October, 2021
1. Overview
Proposition 64 has made marijuana regulation under California law look a lot like alcohol regulation. Effective immediately, adults over 21 can possess…
The FACE Act
RC Phillips, DDA (Ret.)
October, 2021
Pen. Code § 423. Citation of title
This title shall be known and may be cited as the California Freedom of Access to Clinic and Church Entrances Act, or the California…
