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
Young v. State of Hawaii (and others)
Hawaii law requires that residents seeking a license to openly carry a firearm in public must demonstrate “the urgency or the need” to carry a firearm, must be of good moral character, and must be “engaged in the protection of life and property.” George Young applied...
TRAINING BULLETIN
Well, there it is. A subpoena to attend and testify before the grand jury. Now what do you do? The answer, beyond appearing at the required time on the subpoena, depends upon understanding both the grand jury process and your position with respect to the particular...
“TAKING THE FIFTH” PART V WHEN YOUR “POLICE TESTIMONY” IS COMPELLED IN A CIVIL ACTION
This will be the final Part of a five-part treatise examining the application of the Fifth Amendment’s right against self-incrimination to police officers whose official-capacity conduct comes under scrutiny in some forum, which presents the possibility of...
WAIVER OF MIRANDA FOR OFF-DUTY CONDUCT
In an unpublished decision, the California Appeals Court affirmed a trial court’s decision upholding the dismissal of a deputy for an off-duty use of force, based in part on the deputy’s own voluntary statements to criminal investigators, where there was “no...
BOATER CANNOT BE COMPELLED TO TAKE BLOOD ALCOHOL TEST
By Robert Rabe, Esq. On September 3, 2017, Yolo County Sheriff’s Sergeant Machado detained the occupants of a boating vessel on the Sacramento River for speed-related violations of the Harbors and Navigation Code. During this detention, Sergeant Machado made contact...
Employer Ban on Officer Speech Violates First Amendment Moonin v. Tice, No. 15-16571 (9th Cir. 2017)
By Robert Rabe and Michael P. Stone The United States Court of Appeals has held that a public employer may not subject all employee speech regarding a particular government program to a blanket ban. The case arose from a dispute regarding the management of the Nevada...
OFFICER’S IMPROPER REMARK ON FACEBOOK NOT PROTECTED UNDER THE FIRST AMENDMENT
By Michael P. Stone, Esq., and Robert Rabe, Esq. In 2014, Benjamin Zucker had been employed by the LAPD for 19 years. He held the rank of police sergeant, and was a traffic enforcement supervisor at West Traffic Division. At the time of this matter, the LAPD did not...
SUPREME COURT RULES IN FAVOR OF OFFICERS IN FIRST AMENDMENT RETALIATION CLAIM
By Robert Rabe Esq. In Nieves v. Bartlett, the Supreme Court considered whether individuals who allege they were arrested in retaliation for their speech, in violation of the First Amendment, are barred from seeking damages under 42 U.S.C. §1983, if there was...
L.A. SHERIFF BARRED FROM DISCLOSING BRADY LIST NAMES TO PROSECUTORS
Author: Robert Rabe On March 24, 2017, our law firm filed an amicus curiae brief in the above-referenced case in support of the Association for Los Angeles Deputy Sheriffs (ALADS), on behalf of the Riverside Sheriffs’ Association (RSA), the Los Angeles Police...
“BRADY LIST” ARGUMENT IN SUPREME COURT
Author: Muna Busailah, Esq. The California Supreme Court heard oral argument in this case on June 5, 2019. The case concerns whether the LASD’s disclosure of a “Brady list” or providing a “Brady alert” to the LA District Attorney’s office would violate Pitchess. Put...
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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