Paul A. Cappitelli

Paul A. Cappitelli

Best Best & Krieger LLP

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GPS Monitoring of Sex Offenders Is a Fourth Amendment Search

U.S. Supreme Court Decision Another Reminder that Sex Offender Restrictions are Under Scrutiny - Forcing someone to wear an ankle bracelet to monitor her or his location is a Fourth Amendment search, the U.S. Supreme...more

4/13/2015 - Fourth Amendment GPS SCOTUS Sex Offenders

Rulings Prompt California Sex Offender Residency Regulations Change

Local Municipalities’ Practices Likely to be Impacted - California prison officials have announced that they are loosening some restrictions on where sex offenders may live in response to In re Taylor, a California...more

4/3/2015 - CA Supreme Court Municipalities Primary Residence Sex Offender Registry Sex Offenders

California Supreme Court Rules Residency Restrictions are Nonpunitive

A judge can require sex offender registration for a convicted criminal defendant — even if the jury did not find that the crimes were sexual in nature, the California Supreme Court held this week. Interestingly, the Court...more

3/12/2015 - CA Supreme Court Residency Status Sex Offender Registry Sex Offenders

California Supreme Court: Sex Offender Residency Restrictions Unconstitutional

Opinion Likely to Impact Cities’ Policies - Residency restrictions that prohibit sex offenders from living within 2,000 feet of a school or park are unconstitutional, the California Supreme Court ruled this week. The...more

3/5/2015 - CA Supreme Court Primary Residence Sex Offender Registry Sex Offenders

Proposed Legislation Would Require Police Policies for Body-Worn Cameras

In the wake of litigation by at least one police labor union over a lack of policies governing body-worn camera use, a proposed law purports to address such omissions. Senate Bill 175 by Sen. Bob Huff (R-Anaheim) would...more

2/23/2015 - Cameras Law Enforcement Proposed Legislation Unions Wearable Technology

Body Worn Cameras Go to Court

Up to this point, law enforcement leaders have deployed body worn cameras into the field while, seemingly, managing any opposition from the rank-and-file and/or labor representatives. However, concerns are now being raised by...more

2/9/2015 - Best Practices Cameras Collective Bargaining Law Enforcement Wearable Technology

Appeals Court Rules Fingerprint Impressions Are Records Of Arrest That Can Be Sealed and Destroyed

Arrestees Factually Innocent Under Penal Code Section 851.8 Can Have Fingerprints Sealed and Destroyed - Overview: The California Court of Appeal held that fingerprint impressions taken of suspects at the time of their...more

10/3/2014 - Appeals Criminal Records Fingerprints Sealed Records

3 keys to preventing problem officers in your ranks

During my 30+ year career in law enforcement, I had the privilege of working with some of the best and brightest investigators in law enforcement. I watched in amazement as crimes were solved and arrests were made by building...more

8/4/2014 - Best Management Practices Employer Liability Issues Employment Policies Law Enforcement

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

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

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

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

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

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

Public Safety Recruitment and Retention Challenges Return with the Economy

The challenge of recruitment and retention for law enforcement has plagued the profession for the past two decades. Back in the dot com boom era, law enforcement agencies were having a difficult time recruiting qualified...more

3/25/2014 - Law Enforcement Public Safety

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

More Confusion Over the Right to Bear Arms

Just when you think you understand the overarching public policy concerns regarding the accessibility of weapons to citizens, along comes the decision of Peruta v. County of San Diego. Given the recent and continuing...more

3/3/2014 - Gun Laws Second Amendment

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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