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 officer’s confidential personnel file”, does not violate the Penal Code. Background Under Brady, a prosecutor must disclose to the […]

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 simply, by statute, the information contained in a peace officer’s personnel file is confidential. Currently,

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 with defendant Gutierrez, the operator of the vessel. Suspecting Gutierrez was operating the vessel under the influence of alcohol

A client recently asked, “Can I still appeal my termination, if I retire after I was served a notice of termination?” The answer is “yes” – an employee may continue with the disciplinary appeal if they retire after receipt of a notice of termination. What legal effect does retirement have on a disciplinary appeal? Recent Legislation A

People v. Leon Tacardon14 Cal. 5th 235 (2022) CA Supreme Court Question: Are you being detained if an officer shines his vehicle spotlight on you, but doesn’t turn on the red and blue emergency lights? Answer: Generally, no. The use of a spotlight will not, standing alone constitute a detention; but will be considered in the totality

Question – Can you be disciplined for refusing to produce your personal cell phone for an administrative search? Answer – In sum, peace officers can expect that their personal cell phones, if purchased by themselves, may generally not be searched by their employers, unless a specific policy or regulation gives the officer notice that those phones are

By now many public safety personnel have likely seen YouTube videos posted by someone claiming to be a reporter working on a story, otherwise known as an auditor. These auditors’ videos record interactions while antagonizing an officer in a public place. Reporters provoking police officers The resulting videos typically show a well-meaning officer asking for

You’ve been involved in an officer involved shooting or use of force event. As part of your duties, you prepare a report documenting your involvement in the incident. It’s near the end of your shift and you’re confident that you remember the specifics and the details about the incident. So you don’t take the time

Investigators want to ask you some questions about allegations that could be criminal in nature, say an allegation of theft on duty. You’re concerned because you don’t know whether your statement can be used against you criminally if you answer the questions. No, not if you’re compelled to answer. I’m Muna Busailah, a police defense