A deputy sheriff pulled over a motorist for a traffic violation. As part of the traffic stop, the officer opened his driver side door to exit his police vehicle. As he opened his door, a motorcyclist, who had seen the patrol car’s overhead lights two or three blocks earlier, collided with the door of the patrol car. Under […]
For A Detective Reporting Abusive Interrogation Tactics, That Another Officer Engaged In, An En Banc Opinion Changes Everything.
Last year, we reported the following: “Whistleblowers Beware. . . Disclosures Made In The Course Of Official Duties Outside Protection Of First Amendment.” A detective reported that another officer engaged in abusive interrogation tactics. He was told to stop sniveling and was thereafter placed on administrative leave. He filed a civil rights action under 42 U.S.C. […]
Tactical Conduct Leading Up To The Use Of Deadly Force Have County Likely To Face Jury In Suicidal Man’s Death.
A neighbor heard screaming from a house and called police. When deputies arrived at the house, a man’s girlfriend said the man tried to kill himself. Deputies entered the house and found the man standing in the kitchen. They ordered him to show his hands and as he did, he walked toward the deputies holding a […]
Blood Alcohol Result Of 0.08 Percent From Breathalyzer Test Guilty Or Not?
A woman was arrested for driving under the influence. An hour after she was pulled over, she took a breathalyzer test. The test result was 0.08 percent blood alcohol content. A few minutes later she took another test resulting in a 0.09 percent BAC. Twenty-five minutes later she took a blood test resulting in 0.095 percent […]
No Qualified Immunity For Deputies Who Shot Terminally Ill Man.
In the early morning, a wife observed her terminally ill husband, who was suffering from brain cancer, go to his truck, retrieve his gun and load it with ammunition. She called 911, but he told her to hang up and she did. Police nevertheless responded, and the wife explained the situation. The husband came into view […]
Police Dog Had A History Of Sniffing Mistakes.
While a victim sat in his car waiting for a traffic light to change, a young Hispanic man got out of a white Volkswagen and murdered him. A defendant was found guilty of first degree murder after a police dog named Reilly alerted to a scent showing the defendant’s scent was present on the front passenger […]
Ninth Circuit Reversed Grant Of Summary Judgment In Excessive Force Action Involving The Death Of An Attorney.
In response to a hang-up 911 call, police arrived at a home to find a delusional man, an attorney, sitting in the driveway. It took four officers to handcuff him. Even after being handcuffed, the man pumped his fists and kicked his feet and toes onto the asphalt. An officer kept his knee on the man’s […]
Marijuana Conversion Action Against County Thrown Out.
Sheriff’s deputies seized and destroyed approximately 1,500 pounds of marijuana under cultivation in a remote area of Humboldt County. Plaintiffs each has a written physician’s recommendation for up to two ounces of marijuana per day, sued the County for conversion and violation of their constitutional and statutory rights to be free from unreasonable search and seizure […]
Volunteer Police Officer Not An Employee Under FEHA.
The city of Los Angeles deems those who serve as volunteer police reserve officers as employees for the limited purpose of extending workers’ compensation benefits. The appellate court held: “The City’s policy decision to extend workers’ compensation benefits to these individuals, who voluntarily put themselves in harm’s way on behalf of the community, does not transform the volunteers‘ […]
Names Of Police Officers Involved In Pepper Spraying Incident Ordered Released.
A labor union representing University of California police officers filed a petition for writ of mandate from a trial court order requiring the release of unredacted reports containing the names of UC police officers under the California Public Records Act [CPRA; Government Code section 6250], to the Los Angeles Times and Sacramento Bee. The reports concern […]