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 grand jury inquiry. Equally important, however, is your department’s […]

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 self-incrimination if the officer testifies or makes a statement in such a context. In Parts I through IV

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 of the public, (which includes the press), to obtain certain law enforcement agency personnel records

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: disturbing the peace. Notwithstanding this conviction, the Court held the man could

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 involved in shooting incidents. While the justices indicated there may be circumstances that would permit the names

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 in response to a public records request. The City moved to strike the complaint, which

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 Act request (PRA) Prior to January 1, 2019, Penal Code Section 832.7 protected peace officer personnel

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 allegation to Sergeant Bittle, Ochoa’s superior. On March 25, 2013, Bittle received Chaidez’s memorandum and “started an investigation

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. McNeely, 569 U.S. 141 (2013) In McNeely, the U.S. Supreme Court was asked if the “exigent