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
“BRADY LIST” DISCLOSURE HELD PERMISSIBLE
By: Muna Busailah The California Supreme Court’s unanimous decision held that LASO’s “sharing with prosecutors the fact that an officer, who is a potential witness in a pending criminal prosecution, may have relevant exonerating or impeaching material in that...
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...
PERB JURISDICTION UPDATE
Author: Robert Rabe In this most recent case, the question was whether the Public Employment Relations Board (PERB) had jurisdiction to hear claims brought by “employee organizations” comprised of Penal Code section 830.1 peace officers. The dispute involves the...
DISCIPLINARY APPEAL OF TERMINATION STILL POSSIBLE AFTER RETIREMENT
Author: Robert Rabe We recently had a client ask us if they could proceed with their disciplinary appeal, if they retired after being fired .Although at one time it was uncertain what would occur in such a situation, recently passed statutes and judicial and...
PERB DECISIONS: ASSOCIATION RIGHT TO COMMUNICATE WITH ELECTED OFFICIALS
While many areas of public employment law are under siege, the Public Employment Relations Board (“PERB”) recently decided two cases upholding the right of public employee unions to communicate directly with elected officials about workplace issues. PERB is a...
WHO CAN “INITIATE” AN INVESTIGATION UNDER POBRA
Author: Robert Rabe, Esq. Arthur Ochoa was a deputy employed by the Kern County Sheriff’s Office (KCSO). On March 22, 2013, Priscilla S. informed Deputy Chaidez that Ochoa harassed her. On that same day, Chaidez submitted an interoffice memorandum documenting the...
SUPREME COURT RULES “AIR TIME” OPTION IS NOT A PROTECTED RIGHT
Author: Maurice E. Sinsley, Esq. “Air Time” The Additional Retirement Service Credit (ARS) Prior to 2003, public employees who had performed military service prior to joining the CalPERS system were given the opportunity to increase their service credit under CalPERS...
DIRECTIVE NOT TO CONTACT WITNESSES IMPROPER
Author: Robert Rabe, Esq. The County initiated an investigation focused on Lance Scimeca concerning an alleged violation of a workplace communications policy. Scimeca was placed on administrative leave and directed to stay away from the Sheriff’s Office unless...
TRAINING Bulletins
Expand by Training Topic: Click on the links to download our training bulletins in PDF.
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
Looking for an older training bulletin? View our training bulletin archives here.