In the California Legal Update, Vol. 25, #9 (Aug. 30. 2019), I wrote in that edition’s Administrative Notes a piece on California’s evolving “Red Flag” statutes (Pen. Code §§ 18100, et seq.), on the books since January 1, 2015, and expanded…
Detective Marylou Hernandez-Armer died after contracting COVID-19 while on duty.
It is presumed she contracted the illness during her duties as a domestic violence detective which required her to visit local hospitals, the county jail,…
California’s progressive Legislature passed an amendment to Penal Code § 835a (AB 392), effective as of January 1, 2020, tightening up the standards for an officer’s use of deadly force. (See California Legal Update, Vol. 24, #9, dated Aug. 30,…
” I’ve been asked whether it qualifies as a “domestic violence” incident when two unrelated, not romantically nor intimately involved roommates get into an argument with one committing a battery on the other. My answer is “no,” . . . or at least…
Video Evidence: An Officer’s Right to Seize It;
A Person’s Right to Record It
Robert C. Phillips
DDA (Ret.)
March, 2020
The Question:
I am periodically asked whether officers can legally seize from private…
Gov’t. Code § 7284.6 (California Values Act); Constitutionality as to Charter Cities: Gov’t. Code § 7284.6, part of the “California Values Act” (Gov’t. Code §§ 7284- 7284.12)—effective as of January 1, 2018—was recently upheld by the Fourth…
Confiscating Video Evidence
Robert C. Phillips
DDA (Ret.)
January, 2020
The Question:
I am periodically asked whether officers can legally seize from private citizens videotaped or photographed evidence depicting…
NOTE: For this update, it is recommended that you download & view as as PDF. This will enable you to review the document with proper page numbers for quick reference. You can search here by pressing Ctrl+F (on a PC) or the same when…
The San Francisco Police Department’s Police Chief William Scott recently published within his department a directive instructing his officers to “avoid . .” sitting detained subjects (handcuffed or not) on the ground or sidewalk. Chief Scott is…
I’ve received a number of concerned inquiries asking about a new Oregon Supreme Court decision entitled State v. Arreola-Botello (Nov. 15, 2019) 365 Or. 695, where it was held that for purposes of Article I, section 9 of the Oregon Constitution,…
