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Prior to January 2019, access to peace officer records was only permitted through a Pitchess motion. Then Senate Bill No. 1421 amended Penal Code sections 832.7 and 832.8 to require disclosure of certain serious misconduct records under the California Public Records Act (“CPRA”), if they have been sustained after opportunity to appeal.  The legislation did not address circumstances wherein an

     Following the SCOTUS New York State Rifle & Pistol Ass’n, Inc. v. Bruen decision, Governor Newsom signed four new bills concerning gun restrictions and safety: AB 1594, AB 2571, AB 1621, and SB 1327. Generally, these bills are intended to allow civil suit against gun-makers, restrict marketing to minors, restrict ghost guns, and limit the spread of assault weapons. 

On Monday, July 11th, the Tenth Circuit Court of Appeals denied qualified immunity to an officer sued for First Amendment retaliation based on allegations that the officer obstructed the filming of a traffic stop by standing in front of the plaintiff and shining his flashlight into the camera. Irizarry v. Yehia, No. 21-1247, 2022 WL 2659462 fn. 10 (10th Cir.

    According to the recent United States Supreme Court decision, criminal suspects cannot sue police officers who fail to give Miranda warnings before custodial interrogations. Vega v. Tekoh, No. 21-499, 2022 WL 2251304 (U.S. June 23, 2022). SCOTUS reversed the Ninth Circuit’s decision, maintaining the standard that a violation of Miranda is not necessarily a violation of the Fifth Amendment.

Individuals arrested for DUI in California face two separate legal processes following their arrest: A criminal case in the Superior Court and an Administrative Per Se hearing with the California DMV. When someone is arrested for DUI it is their responsibility to request an administrative hearing with the DMV within 10 days. If a hearing is not requested, after 30

 If you missed our first round of 30hr POST accredited online classes this week, we’re offering a second round. We want to make sure as many officers benefit and are informed.These classes will familiarize students with an overview of national standards for licensing peace officers and grounds for decertification with a focus on the current legislative fight in California

On April 26, David E. Mastagni testified in front of the Senate Public Safety Committee in opposition of S.B. 1088.  The Bill is modeled after recommendations to weaken peace officer due process rights issued by Ronald Yank and Barry Winograd, David’s Labor Law professor at U.C. Berkeley School of Law.  In essence, SB 1088 would create a balancing testing