News & Training
At Stone Busailah, we strive to keep you updated and informed.
TRAINING
Coming soon… Supervisors and the Firefighter Procedural Bill of Rights Act – 2020
NEWS
LANGE v CALIFORNIA SCOTUS Restricts Search of Home Without Warrant
SCOTUS case involving the warrantless entry into a home following the pursuit of a misdemeanor suspect.
Attorney General Offers Guidance on AB1506 OIS Investigations
Latest Attorney General guidance on investigating police shootings of “unarmed” civilians.
PERB Finds Decision to Mandate Vaccine is Non-Negotiable
PERB decision on the University of California Regents decision to mandate vaccine as non-negotiable.
Collondrez v. City of Rio Vista
Author: Robert Rabe CAN YOU KEEP PERSONNEL RECORDS CONFIDENTIAL WITH A SETTLEMENT AGREEMENT? NO. Former City of Rio Vista Police Officer John Collondrez sued the City of Rio Vista and the Police Chief because the City had disclosed information from his personnel file...
UNDERSTANDING THE DYNAMICS OF INVOLUNTARY FIREARM DISCHARGES IN TACTICAL SITUATIONS
By Michael P. Stone, Esq. “I had an A-D!” A law enforcement officer dreads the prospect of having to confess to the first on-scene supervisor or investigator in a tactical event that, for reasons the officer is unable to clearly articulate, much less understand, the...
UNDERSTANDING THE DYNAMICS OF SUDDEN IN-CUSTODY DEATHS
By Michael P. Stone, Esq. Like many other police litigation specialists, police procedures experts and police trainers, I have been intensely interested in the development of medical, pharmacological and biomechanical evidence that tends to shed light upon the...
MAN CONVICTED OF DISTURBING THE PEACE ALLOWED TO SUE OFFICERS FOR USING EXCESSIVE FORCE
Author: Robert Rabe In this case, the Court of Appeal had to decide whether a person can sue police in civil court for excessive force after he had been convicted in criminal court. Specifically, after interacting with an officer, a man was convicted of an infraction:...
HIGH COURT UPHOLDS PUBLIC RIGHT TO KNOW SHOOTING OFFICERS’ NAMES
Author: Michael P. Stone and Robert Rabe In a 6-1 decision, the Supreme Court of California rejected arguments made by the Long Beach Police Officers Association(LBPOA) and held there is a presumption that the public has a right to know the identities of officers...
NEW LEGISLATION UPDATE Public Access to Disciplinary Records; Workplace Discrimination and Harassment
By Robert Rabe, Esq. With the signing of Senate Bill 1421 by Governor Brown, California will join almost every other state and allow, on a limited basis, public access to public safety officer disciplinary records. Effective January 1, 2019, SB 1421 will allow members...
CALIFORNIA APPEALS COURT ISSUES FIRST PUBLISHED DECISION REGARDING SB 1421
By Maurice E. Sinsley, Esq. 1. The Impact of SB 1421 As we discussed in our October 2018 New Legislation Update, then-Governor Brown signed the historic Senate Bill 1421 into law allowing public access to certain police officer personnel records under a Public Records...
TRAINING Bulletins
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Social Media
LEGISLATIVE CHANGES
DISCIPLINARY APPEAL HEARINGS
Qualified Immunity
QUALIFIED IMMUNITY FOR UOF ON DISABLED- ODoan v. Sanford
K9 Use During Arrest Found Reasonable- Hernandez v. Town of Gilbert
Villanueva v. State of California -No QI for Cops Shooting at Slow-Moving Vehicle
Qualified Immunity Denied – Officer Used Knee to Secure SuspectJUNE 2020 – QUALIFIED IMMUNITY UNDER ATTACK
JUNE 2020 PRESS RELEASE – QUALIFIED IMMUNITY
APRIL 2018 – SUPREME COURT CLARIFIES & REFINES OFFICERS QUALIFIED IMMUNITY IN EXCESSIVE FORCE CASES
APRIL 2015 – ABSOLUTE IMMUNITY – AN OFFICER MAY NOT ALWAYS BE ABSOLUTELY IMMUNE FROM CIVIL LIABILITY
pursuits
pobra/ia investigations
MARCH 2019 – DIRECTIVE NOT TO CONTACT WITNESSES IMPROPER
MARCH 2019 – SUPREME COURT RULES “AIR TIME” OPTION IS NOT A PROTECTED RIGHT
JULY 2018 – WHO CAN INITIATE AN INVESTIGATION UNDER POBRA
JUNE 2018 – TRACKING POBRA’S ELUSIVE STATUTE OF LIMITATIONS DEFENSE
MAY 2018 – POBRA VIOLATED WHEN OFFICER NOT PROVIDED FULL REPORT
NOVEMBER 2016 – REMOVAL FROM SWAT TEAM NOT PUNITIVE ACTION
JULY 2016 – DISCOVERY ORDERS IN OFFICER’S APPEAL HEARING ARE “NOT APPEALABLE” BY CITY EMPLOYER
JUNE 2016 – POBRA TOLLING APPLIES TO CRIMINAL INVESTIGATIONS CONDUCTED BY EMPLOYER
MAY 2016 – TEN RULES OF ENGAGEMENT IN THE INTERNAL INVESTIGATORY AND DISCIPLINARY PROCESS IN 2016
DECEMBER 2014 – SUPREME COURT RULES POBRA HEARING OFFICERS MAY HEAR AND DECIDE PITCHESS MOTIONS
perb
fourth amendment
Tabares v. City of Huntington Beach CA Negligence Law is Broader than 4th Amendment Law
AUGUST 2019 – DETENTION FOR INVESTIGATION HOW LONG IS TOO LONG
JULY 2019 – WARRANTLESS BLOOD TEST FOR UNCONSCIOUS DRIVER ALLOWED
NOVEMBER 2018 – ENTRY INTO HOME BY “RUSE” NOT PERMITTED
JULY 2018 – SEARCH WARRANT NECESSARY TO OBTAIN CELL-SITE RECORDS
DECEMBER 2016 SEARCH OF OFFICER’S PERSONAL CELL PHONE MAY VIOLATE 4TH AMENDMENT
brady list
first amendment
JUNE 2019 – COURT RULES FOR POLICE OFFICERS IN FIRST AMENDMENT RETALIATION CLAIM
JULY 2018 – OFFICER’S IMPROPER REMARK ON FACEBOOK NOT PROTECTED BY 1ST AMENDMENT
AUGUST 2017 – EMPLOYER BAN ON OFFICER SPEECH VIOLATES FIRST AMENDMENT
JUNE 2014 – PUBLIC EMPLOYEE’S SWORN TESTIMONY IS ENTITLED TO FIRST AMENDMENT PROTECTION
MARCH 2014 -THE DAHLIA CASE- POLICE WHISTLEBLOWERS AND THE FIRST AMENDMENT IN THE NINTH CIRCUT
fifth amendment
second amendment
Personnel Records
use of force
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