Paul A. Cappitelli

Paul A. Cappitelli

Best Best & Krieger LLP

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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

BB&K Police Bulletin: Booking Question Regarding Gang Membership Subject to Miranda Protections: Booking Exception Inapplicable...

Overview: After three gang members were convicted of several murder charges, conspiracy and gang enhancements for the death of four victims, they appealed alleging the trial court erred in admitting various pieces of...more

12/26/2013 - Evidence Miranda Warnings

BB&K Police Bulletin: Use of Deadly Force: Officers’ Pre-Shooting Conduct Included in the Totality of Circumstances Test...

Overview: Deputies shot and killed Shane Hayes inside his home. His daughter filed suit against the deputies and the county for excessive force, Fourth Amendment violations, negligent wrongful death and claims against the...more

12/12/2013 - Excessive Force Fourteenth Amendment Fourth Amendment Police Standing Totality of Circumstances Test Training Wrongful Death

BB&K Police Bulletin: Miranda Warnings and Temporary Detention

Handcuffing a Suspect During Investigative Detention Does Not Automatically Create a Custodial Interrogation for Purposes of Miranda - Overview: A California court of appeal recently held that investigatory questioning...more

12/11/2013 - Detention Fifth Amendment Miranda Warnings Police

BB&K Police Bulletin: Ordinance Prohibiting Marijuana Cultivation Upheld

Compassionate Use Act and Medical Marijuana Program Do Not Preempt a Municipality’s Police Power to Prohibit the Cultivation of Marijuana Overview: A California court of appeal recently affirmed a trial court’s...more

12/10/2013 - Marijuana Marijuana Cultivation

BB&K Police Bulletin: Warrantless Searches and Consent Granted by Houseguests: Houseguest Could Not Consent to Search of Specific...

Overview: The Ninth Circuit recently reversed a trial court’s denial of a motion to suppress the fruits of a home search. The court found the government had the burden of establishing a houseguest had the “apparent authority”...more

12/10/2013 - Consent DEA Reasonableness Factors Warrantless Searches

BB&K Police Bulletin: Firearms Ban: Lifetime Firearms Ban on Domestic Violence Misdemeanants Constitutional

Overview: The Ninth Circuit recently upheld a federal law that bans misdemeanor domestic violence offenders from possessing firearms for life. A gun owner convicted of misdemeanor domestic violence in 1996 claimed that he was...more

12/2/2013 - Domestic Violence Firearms

BB&K Police Bulletin: Ammunition Regulations: Criminal Statutes Restricting “Handgun Ammunition” Vague and Invalid

Overview: A California appellate court recently held that criminal statutes regulating handgun ammunition (defined as ammunition “principally for use” in “pistols, revolvers, and other firearms”) were unconstitutionally vague...more

11/21/2013 - Ammunition Gun Laws Police Vagueness Void and Unenforceable

BB&K Police Bulletin: Unlicensed Firearm Transaction: Both Parties in Unlicensed Firearm Transaction Commit Punishable Offense

Overview: The California Office of the Attorney General recently issued an opinion finding that the offense of completing an unlicensed firearm transaction is committed by both the person transferring the firearm and the...more

11/15/2013 - Firearms Gun Laws Police

BB&K Police Bulletin: Gang Injunction: Broad Gang Injunction Violates First Amendment and Due Process Rights

Overview: The Ninth Circuit recently struck down a state court default judgment and injunction obtained by the Orange County District Attorney’s Office (OCDA) against a local gang and its members based on free speech and due...more

11/15/2013 - Due Process First Amendment Gang Members Injunctions Police

BB&K Police Bulletin: Qualified Immunity: Warrantless Entry in Hot Pursuit of Misdemeanant Not "Plainly Incompetent"

Overview: The U.S. Supreme Court recently reversed a Ninth Circuit decision denying qualified immunity to a California police officer in hot pursuit of a suspected misdemeanant. The suspect had entered an enclosed front yard...more

11/8/2013 - Fourth Amendment Hot Pursuit Misdemeanors Police Qualified Immunity SCOTUS Warrantless Searches

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