FOURTH AMENDMENT
recent training bulletins
WARRANTLESS BLOOD TEST FOR UNCONSCIOUS DRIVER ALLOWED
By Robert Rabe Esq. The United States Supreme Court continues to address “the circumstances under which a police officer may [take] a warrantless blood [sample from] a motorist who appears to have been driving under the influence of alcohol.” 2013 - Missouri v....
“DETENTION FOR INVESTIGATION” HOW LONG IS TOO LONG?
By Michael D. Williamson, Esq. The 9th Circuit Court of Appeals recently held that a five-hour detention, even assuming a legitimate reason to detain initially existed, but then dissipated, was too long under the circumstances. The court rejected a claim of qualified...
Tabares v. City of Huntington Beach
Author: Robert Rabe Huntington Beach Police Officer, Eric Esparza, fatally shot Dillan Tabares after the two were involved in a physical altercation. The decedent’s mother sued the City and Esparza under 42 U.S.C. §1983 and California negligence law. Esparza brought a...
Advisement
Mastagni Holstedt Client Advisories and case summaries are prepared for the general information of our clients and friends. The summaries of recent court opinions and other legal developments may be pertinent to you or your association. Please be aware this material is not necessarily inclusive of all the legal authority you should consider when making your decisions. Thus, while every effort has been made to ensure accuracy, you should not act on the information contained herein without seeking more specific legal advice on the application and interpretation of this information to any particular matter.