Paul A. Cappitelli

Paul A. Cappitelli

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

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

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

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

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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