Tamara Bogosian

Tamara Bogosian

Best Best & Krieger LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

U.S. Supreme Court Rules Prolonging Traffic Stop to Conduct Dog Sniff is Unconstitutional

Overview: Police may not extend a routine traffic stop to give a police dog time to conduct a search for narcotics, the United States Supreme Court held this week. The Court determined that, absent reasonable suspicion,...more

4/27/2015 - Law Enforcement Rodriguez v US SCOTUS Traffic Stops Warrantless Searches

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

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

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

Vape and Mirrors: The Legal Issues Concerning e-Cigarettes for Municipalities

In this Presentation: - Introduction - Overview - What are e-cigarettes? - Emerging Market - Food and Drug Administration - California Law - Other State Laws - Potential...more

2/4/2015 - E-Cigarettes Enforcement FDA Municipalities

BB&K Police Bulletin: California Court of Appeal Clarifies Eleventh Amendment Immunity for State Officials

Court Holds Sheriff Not Subject to Damages Under Section 1983 - Overview: The California Court of Appeal clarified that the Eleventh Amendment immunity does not apply in civil rights actions brought in California...more

1/21/2015 - Appeals Civil Rights Act Eleventh Amendment Fourth Amendment Immunity Law Enforcement

BB&K Police Bulletin: Burden of Proof on Government in Request for Return of Property Not Considered Contraband

Ninth Circuit Decides There Must Be “Legitimate Reason” for Retaining Property - Overview: The Ninth Circuit recently held that, once a criminal investigation or prosecution is completed, the government bears the...more

1/13/2015 - Burden of Proof Criminal Prosecution Law Enforcement Personal Property Search & Seizure

BB&K Police Bulletin: Investigatory Stop Still Valid Even If Officer Made Mistake of Law

An Officer’s Objectively Reasonable Mistake of Law Can Support Finding of Probable Cause - Overview: The U.S. Supreme Court held that an officer’s mistaken belief that a driver had violated a state vehicle code...more

12/23/2014 - Criminal Prosecution Drivers Law Enforcement Probable Cause SCOTUS

Pitchess Motions in Administrative Hearings

California Supreme Court Holds Administrative Hearing Officers Have Authority to Grant Pitchess Motions for Discovery of Personnel Disciplinary Records - Overview: The California Supreme Court has ruled that...more

12/12/2014 - Administrative Hearings Disciplinary Proceedings Discovery Disparate Treatment Hiring & Firing Personnel Records Police Pritchess Motions Termination

Controlling Controlled Substances: How a Pot Brownie Got Into the Hands of a Child

In a recent Fresno Bee article entitled “Fresno seventh grader busted in sales of pot brownies at school,” we see another unintended consequence of the availability of marijuana. Despite initial permitted possession of...more

11/3/2014 - Controlled Substances Controlled Substances Act Marijuana

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

Police and Body Cameras: Will Cameras Reduce Claims and Increase Transparency?

1600 hours: After briefing, the officer starts her shift. She straps on a body camera. But what next? Can the officer activate or deactivate the recording? Can the footage be deleted during her shift? What if the suspect, the...more

8/5/2014 - Law Enforcement Technology Transparency Video Recordings

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

The Marijuana Regulation Bill That Keeps Getting Reintroduced

After the Justice Department issued a memo authorizing states to tax and regulate marijuana, Sacramento responded. Assemblyman Tom Ammiano (D-San Francisco) introduced AB 1894, a bill that may be viewed as an initial attempt...more

4/11/2014 - DOJ Medical Marijuana Taxation

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

53 Results
|
View per page
Page: of 3

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×