California AB 2773 Requires Police to State Reason for Traffic Stops Before Questioning by Jo Ellen Nott by Jo Ellen Knott On January 1, 2024, Assembly Bill 2773 took effect in California. The law requires police officers to tell drivers why they have been pulled over before questioning them on …
California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Evidentiary Hearing Under Felony Murder Resentencing Law by David Reutter by David M. Reutter The Court of Appeal of California, Fourth District, held that a violation of a prisoner’s constitutional and statutory rights to be personally present at …
Ninth Circuit Announces Adoption of ‘Premises Rule’ for Co-Tenant Consent-to-Search Analysis, Holds Co-Tenant’s Consent Invalid Where Defendant Instructed Co-Tenant Not to Allow Police Entry in Their Presence by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit held that a defendant’s live-in girlfriend could not …
California Supreme Court: Jury’s Finding of Intent to Kill for Gang Enhancement, Standing Alone, Insufficient to Find Prisoner Failed to State a Prima Facie Case in § 1172.6 Petition for Resentencing on First-Degree Murder Conviction by Douglas Ankney by Douglas Ankney The Supreme Court of California held that a jury’s …
In re Complaint of Judicial Misconduct (Hon. Roger T. Benitez), CA, Order, Judicial Misconduct, 2024 Page 1 JUDICIAL COUNCIL OF THE NINTH CIRCUIT FILED MAY 1 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS IN RE COMPLAINT OF JUDICIAL MISCONDUCT Before: I. Nos. 23-90037 and 23-90041 ORDER MURGUIA, Chief …
Enyart v. Cnty. of San Bernardino, CA, Summary Judgment Order, Wrongful Death, 2024 Enyart v. Cnty. of San Bernardino United States District Court for the Central District of California April 22, 2024, Decided; April 22, 2024, Filed 5:23-cv-00540-RGK-SHK Reporter 2024 U.S. Dist. LEXIS 74108 * Frances Enyart et al. v. …
California Attorney General Issues Memo Prohibiting Out-of-State Sharing of ALPR Data by Anthony Accurso by Anthony W. Accurso Rob Bonta, the Attorney General for the state of California, issued a memo to law enforcement agencies in the state, which interprets SB 34 and forbids them from sharing with out-of-state agencies …
California Court of Appeal: Traffic Stop Prolonged for Drug Dog Sniff Search Unrelated to ‘Mission’ of Stop Violates Fourth Amendment by Anthony Accurso by Anthony W. Accurso The Court of Appeal of California, Fourth Appellate District, overturned the denial of a defendant’s motion to suppress, holding that the officer impermissibly …
California Court of Appeal Reverses Denial of Full Resentencing Under SB 483 by Matthew Clarke by Matt Clarke The Court of Appeal of California, Sixth Appellate District, issued an opinion reversing a trial court’s refusal to apply Senate Bill (“SB”) 483 to a previously-remanded sentence. It also held that the …
California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Hearing to Determine Facts Surrounding Felony Murder Charges for Possible Resentencing Under § 1172.6 by David Reutter by David M. Reutter The Court of Appeal of California, Fourth Appellate District, held that a prisoner’s constitutional and statutory rights …
Audit Finds LAPD’s Frivolous Use of Helicopters Flunks Cost/Benefit Analysis by Douglas Ankney by Douglas Ankney An audit released by Los Angeles (“LA”) City Controller Kenneth Mejia revealed that the Los Angeles Police Department’s (“LAPD”) frivolous use of helicopters from the Air Support Division (“ASD”) cost taxpayers far more than …
Estate of Carlos Escobar Mejia v. USA, CA, Settlement, Wrongful Death, 2024 PRIVILEGED AND CONFIDENTIAL-SETTLEMENT COMMUNICATION-FED. R. EVID. 408,501 CONFIDENTIAL SETTLEMENT AGREEMENT, RELEASE OF ALL CLAIMS, AND COVENANT OF NON-DISCLOSURE RELEASORS: The Estate of Carlos Escobar Mejia by and through its Successor in Interest Rosa Escobar, Rosa Escobar, Maribel Escobar, …
Estate of Christopher Zumalt v. County of Riverside, CA, Settlement, Wrongful Death-Medical Neglect, 2024 Case 5:21-cv-01791-JGB-SP Document 88 Filed 02/29/24 Page 1 of 3 Page ID #:3610 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 7 8 9 10 11 12 13 CENTRAL DISTRICT OF CALIFORNIA LEEYONNIE HERNANDEZ, …
Greer v. County of San Diego, Brief of Amici Curiae, 20247 Case: 23-55607, 02/23/2024, ID: 12862766, DktEntry: 36, Page 1 of 27 Case No. 23-55607 In the United States Court of Appeals for the Ninth Circuit ____________________________ COUNTY OF SAN DIEGO Defendant and Appellant, v. FRANKIE GREER Plaintiff, and THE …
Ninth Circuit Announces District Courts Must Either Orally Pronounce All Discretionary ‘Standard’ Conditions of Supervised Release in the Presence of Defendant or Provide Conditions in Writing Prior to Sentencing by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit, sitting en banc, held that U.S. …
Who Let the Dogs Out? Robotic Dogs Are the Newest (and Scariest) Surveillance Tech in U.S. Police Departments by Jo Ellen Nott by Jo Ellen Nott After months of debate, the Los Angeles City Council approved the donation of a $280,000 robotic police dog in late May of 2023 in …
Estate of William Schuck v. County of San Diego, CA, CLERB Report, Wrongful Death, 2024 EXECUTIVE OFFICER PAUL R. PARKER III BOARD MEMBERS EILEEN DELANEY Chair MARYANNE PINTAR Vice Chair BONNIE KENK Secretary DR. R. LEE BROWN ANDREW HAYES NADIA KEAN-AYUB ARIANA FEDERICO MONDRAGON TIM WARE GARY I. WILSON VACANCY …
OIG Report-CDCR Violated Its Regulation by Redirecting Backlogged Allegations of Staff Misconduct to Be Processed as Routine Grievances, Jan. 2024 OIG Amarik K. Singh OFFICE of the INSPECTOR GENERAL Inspector General Neil Robertson Chief Deputy Inspector General Independent Prison Oversight JANUARY 29, 2024 № SR-23-01 The Department Violated Its Regulations …
California Court of Appeal: Confrontation Clause Violated Where Defense Prohibited From Cross-Examining Prosecution Witness About Biased Motivation and Fabrication by Douglas Ankney by Douglas Ankney The Court of Appeal of California, First Appellate District, held that Cecilio Castaneda-Prado’s right to confront his accusers was violated when the superior court prohibited …