G. Ross Trindle III

G. Ross Trindle III

Best Best & Krieger LLP

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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

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 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

Marijuana Legalization Ballot Measure Delay a Strategic Move by Backers

With an established track record of measured success in other states, the backers of the marijuana decriminalization initiative most likely to pass in California called a halt to the effort, as this Los Angeles Times article...more

2/28/2014 - Decriminalization of Marijuana Political Campaigns

BB&K Police Bulletin: Warrantless Home Search

Supreme Court Upholds Warrantless Home Search Where One Occupant Consents Following Suspect’s Arrest - Overview: The Supreme Court has ruled that police officers can conduct warrantless home searches based upon one...more

2/27/2014 - Fourth Amendment Robbery SCOTUS Warrantless Searches

BB&K Police Bulletin: Requiring Showing of Good-Cause for Concealed Carry Permit Violates Second Amendment

Second Amendment Requires States to Permit Some Form of Carry for Self-Defense Outside of the Home - Overview: The Ninth Circuit has ruled unconstitutional a San Diego County policy requiring applicants for a concealed...more

2/17/2014 - Concealed Carry Permit Concealed Weapons Firearms Second Amendment Self-Defense

Is An Officer’s Name Private?

On March 4th of this year, the California Supreme Court will hear Long Beach Police Officers Association v. City of Long Beach et al. (Los Angeles Times Communications LLC, Real Party in Interest). The Court will hear...more

2/13/2014 - CPRA Police Public Records Public Records Act

Court Rules No Violation of Public Safety Officers Bill of Rights During Internal Affairs Administrative Interviews

Officers Not Entitled to an Attorney During an Administrative Investigation Under POBRA - Overview: Police officers sued the City of Los Angeles for violations of their civil rights and under the Public Safety Officers...more

1/29/2014 - Employee Rights Miranda Warnings Public Employees Public Safety

Independent Audit of Fresno Video Policing Unit Released

A recent Fresno Bee article discusses an independent audit by a retired federal judge on the City of Fresno’s video policing program. This kind of thorough audit benefits law enforcement and privacy advocates by focusing on...more

1/23/2014 - Audits Law Enforcement Police Surveillance

BB&K Police Bulletin: Court Refuses to Narrow Definition of Penal Code Section 69

Conviction Under Penal Code Section 69 Does Not Require Proof Force Was Directed Toward or Used On Any Officer - Overview: Penal Code Section 69, in part, makes it a crime to knowingly resist, with force or violence,...more

1/23/2014 - Arrest Police

FCC Seeking Comments on Proposed Changes to Public Safety Communications Spectrum

4.9 GHz Licensing Rule Changes Proposed - The FCC recently called for comments on proposed changes to the 4.9 GHz public safety communications licensing rules, including making non-public safety entities eligible...more

1/20/2014 - FCC Public Safety Telecommunications

2014 Brings New School Safety Laws

After seeing a flurry of school safety proposals in 2013, the year ended quietly, with only a handful of school safety bills enacted that will bring relatively modest change. Here is a summary of new school safety laws, which...more

1/15/2014 - Cyberbullying Educational Institutions School Safety School Shootings Sex Offenders

BB&K Municipal & Public Safety Legal Alert: Court Holds Bans on Sex Offenders Entering Parks Without Permission Invalid

Court of Appeal Holds State Law Preempts Local Ordinances - Overview: A California Court of Appeal recently struck down a provision of the Irvine Municipal Code and an Orange County ordinance, both of which required...more

1/14/2014 - Public Parks Sex Offender Registry Sex Offenders

BB&K Police Bulletin: Police Need Search Warrant to Examine Hotel/Motel Registers

Municipal Code Section Allowing Warrantless Inspection of Hotel Guest Records Constitutes Search - Overview: The Ninth Circuit recently held that a police officer’s non-consensual warrantless inspection of hotel guest...more

1/7/2014 - Hospitality Industry Hotels Right to Privacy Search & Seizure Search Warrant Warrantless Searches

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