Tamara Bogosian

Tamara Bogosian

Best Best & Krieger LLP

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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

Smile…That Officer Might Have a Camera!

The reality is this: police departments across California are increasingly considering using body cameras to assist officers in in their investigations, in the apprehension of dangerous criminals, and for one other very...more

3/26/2014 - Police Surveillance

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

The Aftermath of the Peruta Decision…Is the Debate Over Carrying Concealed Weapons Escalating?

Thomas Jefferson said, “The beauty of the Second Amendment is that it will not be needed until they try to take it.” Is this the framework the court used to find that the 2nd Amendment forbids the State of California from...more

3/6/2014 - Concealed Carry Permit Concealed Weapons Firearms 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

Will Investing In Marijuana Change Things?

In reading the recent NPR article, “The Green Rush Begins: Investors Get In On Pot’s Ground Floor,” one cannot help but wonder if federal policies regarding marijuana, a drug which remains a controlled substance, are...more

2/21/2014 - Controlled Substances Marijuana

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

Prison Realignment – A Clearer Picture

What do we do with the recently released data that approximately 60% of parolees released to counties were arrested within 12 months of leaving prison? This confirms that rather than seeing a decrease, recidivism rates have,...more

2/10/2014 - Prison Recidivism

License Plate Readers - A “Real-Time” Tool For Law Enforcement

Most people would agree the chances of solving a crime and catching a felon dramatically increase if law enforcement officials are armed with tools, such as license plate readers, which can scan thousands of license plates...more

2/7/2014 - Automatic License Plate Readers Police Surveillance

Rethinking the Structure of Policing

More and more cities throughout California are looking for ways to cut public safety costs. Typically, cities consider contract services from neighboring law enforcement agencies to consolidate or provide services. What are...more

2/5/2014 - Public Safety

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

Scrutinizing A Law Enforcement Officer's Tactical Decisions Before Using Deadly Force

BB&K Attorney Tamara Bogosian Anaylzes Recent Court Decisions That Call for Monday Morning Quarterbacking - The U.S. Supreme Court made clear in the 1989 landmark ruling of Graham v. Connor that hindsight was not the...more

1/28/2014 - Excessive Force Law Enforcement Police Police Brutality

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

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