June 15, 2021
Client Bulletin: U.S. Supreme Court Prohibits Searches of Home Under "Community Caretaking" Doctrine
When police officers in Cranston, Rhode Island seized a suicidal homeowner’s firearms after removing him for a psychiatric evaluation, they set in motion a case that may have significant implications for nationwide changes to community policing in the post-Floyd era. The U.S. Supreme Court ruled last month in Caniglia v. Strom (2021) 141 S. Ct. 1596 that the officers’ entry into the home violated the Fourth Amendment and was not justified by the “community caretaking function” law enforcement officers are often asked to perform...
December 29, 2020
Client Bulletin: "Public Employers Can Mandate COVID-19 Vaccinations But Must Bargain Over Effects of Vaccination Policy"
With the arrival of COVID-19 vaccines for mass distribution have come questions about the authority of public safety agencies to require employees to be vaccinated. The federal Equal Employment Opportunity Commission (EEOC) this month issued revised guidelines addressing vaccination requirements and exemptions under federal law...
October 16, 2020
Client Bulletin: "'Seventeen Ain't So Sweet': Beware of the New Rules on Juvenile Custodial Interogations"
Doubling down on a 2018 law that was due to expire in five years, California next year will require minors 17 years old or younger to be advised of their Miranda rights and given access to a lawyer before any custodial interrogation...
September 4, 2020
Client Bulletin: "UPDATED" California's Pending 'Police Reform' Bills"
On August 31, 2020, the California Legislature ended its 2020 legislative session. Several of the bills California’s legislators had proposed to implement “police reform” after the death in custody of George Floyd failed, while some key measures passed and are on their way to Governor Newsom’s desk...
August 6, 2020
Client Bulletin: "The Case for Qualified Immunity"
The national outcry to strip peace officers of partial immunity from civil liability ignores the reasons why this “qualified immunity” exists, what it does for government officials and the public on the rare occasions it applies, and the consequences of taking it away.
May 25, 2020
Client Bulletin: "The Road to Hell: California's Pending 'Police Reform' Bills"
California’s legislators have joined in a big way the national bandwagon beating the drum for “police reform” after the death in custody of George Floyd in Minneapolis.
May 6, 2020
Client Bulletin: "Social Media & Peace Officers in the Pandemic Era"
In the world before COVID-19, the use of social media by probation peace officers and other public employees in California already carried many risks.
March 31, 2020
Client Bulletin: "COVID-19 FAQ"
The novel coronavirus known as COVID-19 has affected every public safety employee in California. The information available from governments, health care agencies and media about the rapidly-spreading disease changes daily as new cases and new living restrictions arise.
March 31, 2020
Client Bulletin: "COVID-19 Upadate"
The COVID-19 pandemic continues to impact the workplace for probation peace officers. This Client Bulletin addresses the most recent developments at the federal, state and county level and provides links to resources your bargaining unit may find useful to obtain additional information.
December 6, 2019
Client Bulletin: "California Supreme Court Rules Department Brady List May Go to Prosecutors"
In yet another blow to longstanding protections in California for peace officer personnel records, the California Supreme Court ruled recently that a law enforcement agency may release its Brady list to prosecutors.
May 28, 2019
Client Bulletin: "Legislature Amends Controversial Use of Force Bill"
Responding to pressure from the State Coalition of Probation Organizations and other law enforcement groups, state legislators last week amended their controversial use of force bill to remove provisions that drastically increased civil and criminal liability for peace officers who use deadly force.
April 18, 2019
Client Bulletin: "New Rules on Disclosure of Law Enforcement Records"
Peace officer personnel records are subject to new disclosure requirements under amendments to Penal Code section 832. 7 that took effect January 1, 2019.
June 27, 2018
Client Bulletin: "Janus v. AFSCME: U.S. Supreme Court Declares Agency Shop Agreements Unconstitutional"
The U.S. Supreme Court today overruled four decades of precedent and declared publicsector agency shop agreements unconstitutional, holding the First Amendment is violated when money is taken from a nonconsenting employee for the benefit of a public employee union.
May 18, 2018
Client Bulletin: "New Bill Would Impose Severe Limits on Use of Deadly Force"
State lawmakers in Sacramento announced on April 3, 2018 new legislation to restrict the use of deadly force by peace officers only to those situations where deadly force is deemed "necessary .. . given the totality of the circumstances" to prevent imminent death or serious bodily injury to the peace officer or another person.
January 12, 2018
Client Bulletin: "Probation Officers Face New Requirements to Implement Proposition 63 Ban on Firearms Possession"
Buried in the sweeping gun control provisions of 2016's Proposition 63 were several requirements that added new duties for California probation officers beginning this year.
March 15, 2017
Client Bulletin: "California Supreme Court Rules Information on Personal E-mails and Devices May Be Subject to Public Records Act Disclosure"
In a case reminiscent of the private e-mail troubles of former Secretary of State Hillary Clinton, the California Supreme Court has ruled communications by public officials using private e-mail accounts and personal phones or computers may be subject to disclosure under the California Public Records Act (CPRA).
February 4, 2016
Client Bulletin: "Appellate Court Denies POBRA Notice Requirements"
Government Code section 3303(c), one of several sections of the Public Safety Officers Procedural Bill of Rights Act (POBRA) that describes the rights available to public safety officers in administrative interrogations, provides that “[t]he public safety officer under investigation shall be informed of the nature of the investigation prior to any interrogation.”
"After the Homecoming: A User's Guide to the Uniformed Services Employment and Reemployment Rights Act"
California Public Employment Research (CPER) Journal Online, No. 208 (December 2012)