G. Ross Trindle III

G. Ross Trindle III

Best Best & Krieger LLP

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BB&K Police Bulletin: Police Order To Stay Put While Conducting Background Check Is A Seizure Under Fourth Amendment

The Command Can Implicate Municipal Liability - Overview: The Ninth Circuit recently held that, when a police officer orders a suspect to “stay put,” that command constitutes a seizure under the Fourth Amendment of the...more

7/22/2014 - Background Checks Criminal Background Checks Fourth Amendment Governmental Liability Law Enforcement Municipalities

BB&K Police Bulletin: Officers Must Obtain Warrant to Access Data on Arrestee's Mobile Phone Device

Overview: Today, the U.S. Supreme Court held that police officers may not search digital information on a mobile phone device seized from a person who has been arrested without a warrant. In Riley v. California and U.S. v....more

6/26/2014 - Cell Phones Data Collection Fourth Amendment Mobile Devices Police Riley v California SCOTUS Search Warrant Warrantless Searches

Ninth Circuit Overturns Los Angeles' Prohibition on the Use of Vehicles as "Living Quarters"

Ninth Circuit Panel Rules Municipal Code Sections Unconstitutionally Vague - A three judge panel of the Ninth Circuit Court of Appeals held that a section of the Los Angeles Municipal Code prohibiting the use of a...more

6/23/2014 - City of Los Angeles Fourteenth Amendment Motor Vehicles

California Supreme Court Upholds Red Light Camera Conviction

Declines to Adopt Special Authentication Rule and Finds Camera Evidence Not Hearsay - In a case briefed and argued by Best Best & Krieger LLP attorney Kira L. Klatchko, the California Supreme Court held, in a unanimous...more

6/9/2014 - Convictions Red Light Cameras Traffic Laws

BB&K Police Bulletin: Officers Named in Shootings

State Supreme Court Rules that Police Agencies Must Disclose Names of Officers Involved in Shootings Under the California Public Records Act - Overview: The California Supreme Court just ruled that the names of police...more

6/2/2014 - Disclosure Requirements Law Enforcement Police Public Records Public Records Act

Pot Shop Fatal Robbery Illustrates Need for Crime Consideration in Marijuana Legalization Discussion

This May 29, 2014 article in the Los Angeles Times illustrates the growing trend of violent crimes centered on operating marijuana dispensaries. With the potential for large amounts of cash on hand and high street prices for...more

6/2/2014 - Armed Robbery Marijuana Marijuana Cultivation Murder

BB&K Police Bulletin: No Fourth or Fourteenth Amendment Violations For Using Deadly Force to Terminate Dangerous High-Speed Chase

Deadly force may be used if the driver poses a grave public safety risk - Overview: The U.S. Supreme Court recently held that officers did not violate a suspect’s Fourth or Fourteenth amendment rights when they opted...more

5/30/2014 - Fourteenth Amendment Fourth Amendment Plumhoff v Rickard Public Safety SCOTUS

Warrant Exception Won't Bow to Medical Marijuana Card

BB&K’s G. Ross Trindle and Benjamin Hampton Review Automobile Exception to Warrant Requirement and Medical Marijuana - A recommendation card may provide access to medical marijuana, but it cannot stop law enforcement...more

4/30/2014 - Marijuana Medical Marijuana Search Warrant

More Cities Turning to Virtual Police Dispatching

Most city and public safety administrators understand that public safety (police and fire) comprise the largest share of a local municipal budget. Only recently has the topic of consolidation and shared public safety services...more

4/30/2014 - Police

California Supreme Court Declines Review of Cases Invalidating Local Bans on Sex Offenders

Supreme Court Leaves Intact Court of Appeal Cases Holding That State Law Preempts Some Local Sex Offender Ordinances - Local laws regulating where sex offenders may go are likely now invalid following the California...more

4/28/2014 - Local Ordinance Sex Offender Registry Sex Offenders

Local Governments Should Participate in FDA e-Cigarette Proposed Regulation Process

Acknowledging that the current state of the e-cigarette market is akin to the Wild West, the Food and Drug Administration has moved to issue regulations. As NPR’s Health blog reports, the proposed rulemaking would invite...more

4/25/2014 - E-Cigarettes FDA Minors Proposed Regulation Public Comment

BB&K Police Bulletin: Police Can Stop Reckless Driver Based On Anonymous Tip

Officers Had Reasonable Suspicion of Criminal Activity Based Upon the Totality of the Circumstances - Overview: The Supreme Court recently held that peace officers who conducted a traffic stop and searched a vehicle...more

4/24/2014 - Fourth Amendment Probable Cause Traffic Stops Trucking Industry

BB&K Police Bulletin: Civil Rights Action For Miranda Violation Not Barred If Conviction Reversed

Incriminating Statements in Violation of Miranda Rights Were Used in First Trial, Which Resulted in Reversal - Overview: The Ninth Circuit Court of Appeal recently held that a criminal defendant convicted of murder at...more

4/22/2014 - Civil Rights Act Criminal Prosecution Fifth Amendment Investigations Miranda Warnings Self-Incrimination

BB&K Police Bulletin: Medicinal Marijuana and Probable Cause

Possession of Any Amount of Medicinal Marijuana Enough to Search Automobile - Overview: A California Court of Appeal has ruled that a law enforcement officer’s observation of any amount of marijuana in a vehicle...more

4/18/2014 - Compassionate Use Act Medical Marijuana Motor Vehicles Probable Cause Search & Seizure

Northwestern/Harvard Research on Effects of “Casual” Marijuana Use Points to Need for More Research

As states, including California, continue to grapple with the medical marijuana/decriminalization question, scientific evidence continues to trickle in concerning the negative health effects of marijuana use. According to...more

4/17/2014 - Decriminalization of Marijuana Harvard University Healthcare Massachusetts General Hospital Medical Marijuana Northwestern University

Ninth Circuit Upholds Constitutionality of Two San Francisco Firearm and Ammunition Regulations

Regulations Requiring Storage of Handguns in Locked Container and Prohibiting Sale of Hollow-Point Ammunition Do Not Substantially Burden Second Amendment - Overview: The Ninth Circuit Court of Appeal recently held...more

4/1/2014 - Gun Laws

What Your City Should Know About E-Cigarettes... And How Other Cities are Dealing with this Growing Trend

Electronic cigarettes have been promoted as a safer alternative to cancer-causing tobacco products that can wean heavy smokers off their habit. But this month, Los Angeles officials joined a growing list of cities that treat...more

4/1/2014 - E-Cigarettes

Senator Feinstein Echoes Law Enforcement Concerns with Legalizing Marijuana

Senator Feinstein’s concerns about the secondary impacts of marijuana on public safety, as reported in The Fresno Bee article by the Associated Press’ Kevin Freking, echo the concerns of law enforcement....more

3/25/2014

Could SB 1262 be Implemented Before the 2016 Marijuana Decriminalization Push?

SB 1262 is the bill to watch for marijuana reform as it is the only strong contender for passage. The leading decriminalization effort was pushed to 2016 for money and voter turnout reasons, and no other well-funded (or well...more

3/25/2014 - Decriminalization of Marijuana Marijuana

BB&K Police Bulletin: Distracted Driving Update: Looking at Map on Mobile Device While Driving Does Not Violate “Hands Free” Law

Overview: A California Court of Appeal recently held that using a cell phone solely for its map function did not violate Vehicle Code section 23123. The court found that both the plain language of the statute and the...more

3/25/2014 - Distracted Driving Mobile Devices

BB&K Police Bulletin: Red Light Camera Warnings: Compliance with 30-Day Warning Period Not a Precondition to Enforcement

Overview: The California Supreme Court has ruled that the statutory provision requiring a city to make a public announcement and issue warnings instead of citations for 30 days after the installation of a red light camera...more

3/25/2014 - Red Light Cameras

BB&K Police Bulletin: DNA Samples

California Law Requiring Alleged Felons to Submit DNA Samples Found Constitutional - Overview: The Ninth Circuit Court of Appeals recently upheld a California law requiring that all persons arrested for, or charged...more

3/24/2014 - DNA Evidence Genetic Materials Police

Local Bans on High-Capacity Magazines Draw Lawsuits from NRA

With federal gun legislation post-Sandy Hook off the table for the foreseeable future, The Sacramento Bee reports that two local governments in California have turned to enacting their own local gun control measures banning...more

3/18/2014 - Firearms Gun Laws NRA

Medical Journal Studies on the Health Effects of E-Cigarettes May Help Local Governments

Evidence continues to drift out of the scientific community as to the health effects of e-cigarettes. The latest, a study by the Journal of Adolescent Health as reported by Stephanie M. Lee on SFGate.com. ...more

3/18/2014 - E-Cigarettes Healthcare Medical Research

BB&K Police Bulletin: Gang Members Who Carry Loaded Firearms Can Be Charged With A Felony

“Felonious Criminal Conduct” Under California’s Gang Enhancement Statutes Elevates Misdemeanor Offense to a Felony - Overview: The California Supreme Court has ruled that possession of a firearm by a felon constituted...more

2/28/2014 - Felonies Firearms Gang Members Law Enforcement Misdemeanors

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