Tamara Bogosian

Tamara Bogosian

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

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

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