On April 26, 2021, the First District Court of Appeal published its decision in Oakland Police Officers Association v. City of Oakland (2021) — Cal.App.5th — (“Oakland POA”).  The case provides critical guidance regarding what information a law enforcement agency must provide to a peace officer before conducting a second or subsequent interrogation

In 2017, a police officer with the City of Huntington Beach (“Officer Esparza”) saw a man standing on a sidewalk who caught his attention (“Mr. Tabares”).  Officer Esparza noticed Mr. Tabares wore a sweater on a warm day, walked abnormally, made flinching movements with his hands, and looked in his direction several times.  A former

In 2015, someone shot a police officer and a suspect was later arrested.  While off-duty, a SWAT sniper commented on a friend’s Facebook post which linked to an article about the shooting.  He wrote, “It’s a shame he didn’t have a few holes in him.”  An anonymous tip came in about the post, there was

Our nation continues to react to the death of George Floyd, and this reaction includes the thousands who have participated in mass protests across the country.  Many people feel compelled to speak openly and passionately about an issue of national importance.  Public employees likely wish to express their views as well, and this includes not

On March 30, 2020, Governor Gavin Newsom issued Executive Order N-40-20 which extends various statutory deadlines due to the State of Emergency in California relating to the COVID-19 pandemic.  Under the Executive Order, the deadline specified in Government Code section 3304(d) for opening and completing investigations of alleged misconduct by public safety officers is extended

Police-Car.jpgLaw enforcement agencies’ policies, in accordance with U.S. Supreme Court precedent, uniformly require that force used by officers be objectively reasonable under the circumstances.  When considering disciplining an officer for violating a use of force policy, it is therefore critical to understand what the courts consider unreasonable.  This is a nuanced and fact-intensive analysis.  The

Police Officer_Small.JPGThe “blue wall” is a phrase sometimes used to refer to an unofficial practice of police officers protecting or shielding the wrongdoing of a fellow officer.  In an interesting twist, one police officer claimed that when his department placed him on paid administrative leave and then failed to afford him the “professional courtesy” of intervening