Tag Archives: arrest
Restrictions on State Agencies From Utilizing Convictions and False Statements
Effective July 1, 2020, AB 2138 becomes operative as law in California (approved and signed by the Governor 9/30/18), as follows: Under current law, the licensing and regulation of various professionals and occupations fall within the Department of Consumer Affairs. These state agencies are empowered to take disciplinary action against a licensee, including to deny … Read More
California Government Considering Law to Become Sanctuary State
California Senate Bill 54 has recently been introduced; it proposes to establish a new law to prohibit law enforcement agencies from cooperating with Federal Immigration Authorities. Whether state law enforcement (State Police; CHP, etc.), county (Sheriff), city (local police), school police or security departments, organization or individual, they would be prohibited from investigating, detaining and/or … Read More
WHAT TO DO IF YOU GET PULLED OVER?
Knowing what to do in the event you get pulled over is very important. However, it is equally important to know the reasons for getting stopped by a law enforcement officer so as to avoid being pulled over in the first place. Here are a few of the top reasons: Speeding. Clearly, driving above the … Read More
Federal Appeals Court Bars DOJ From Prosecuting Medical Marijuana Cases
On August 16, 2016, a three- judge panel of the 9th Circuit of the United States Court of Appeals (this is the federal appellate court that covers California) ruled against the Federal Government, holding the Department of Justice (DOJ) cannot prosecute marijuana cases when a STATE permits medical marijuana &/or a business or individual is … Read More
California Petty Theft Laws: Detention and Civil Demands
Unless specifically set forth as grounds for Grand Theft, the Petty Theft laws apply, as follows: Â Petty Theft is often referred to as shoplifting; as a general rule it takes place when one obtains property by theft, that involves a value less than nine hundred fifty dollars ($950); A first conviction generally constitutes and is … Read More
Appeals Court Upholds California Death Penalty
On November 12, 2015, the United States 9th Circuit Court of Appeals upheld the constitutionality of the California Death Penalty and in so doing reversed the ruling by the US District Court that decided under the 8th Amendment it was unconstitutional as cruel and unusual punishment because of lengthy and unpredictable delays. The California Attorney … Read More
Unintended Consequences of Criminal Offenders Being Transferred from State Prison to County Jail
The growing population of over 150,000 inmates in state prisons in California has exceeded the level the U.S. Supreme Court opined in 2011 is permissible. There has been litigation in Federal Court to obtain a more speedy reduction of the state prison population, and a new law has been enacted as a result of the … Read More
How to Handle Contacts and Interviews From Government and Others?
As a mater of great concern is what to do when confronted with a telephone call from law enforcement, a licensing Board, Bureau or Agency, and/or an investigator who is seeking to obtain the underlying facts, information, details &/or answers to questions. Even more challenging is when such an individual makes an in-person contact with … Read More
Should law Enforcement Be Permitted to Stop and Search on the Basis of an Anonymous Tip of Reckless Driving?
In the U.S. Supreme Court case of PRADO NAVARETTE et al. v. CALIFORNIA, 12-9490 (April 22, 2014), the Court held the Fourth Amendment to the U.S. Constitution was not violated and, therefore, the traffic stop by a CHP law enforcement in which the officer searched the bed of a pickup truck and found about thirty … Read More
Law Enforcement Can Search a Shared Residence Even When a Co-Tenant Objects
In the recent case of FERNANDEZ v. CALIFORNIA, 12-7822 (February 25, 2014) the U.S. Supreme Court held the Fourth Amendment to the U.S. Constitution was not violated and, therefore, law enforcement can make a warrantless search of a shared residence when a co-tenant provides consent even though the other co-tenant shortly before refused to allow … Read More