Top California legal Issues for new year
For the Police Department, there are several pressing legal issues to be considered
for 2008. Among the top issues is the usage of Taser weapons. The Police Department may face more lawsuits regarding excessive force,
according to Law Enforcement writer Ken Wallentine of the Policeone dot com web site. It should also be noted that
It should also be noted that both Probation and parole search authority is increasing around the country. After all,
in the aftermath of the ‘Sampson v. California’ decision and some similiar trials, certain specific jurisdictions are weighing statutes which would permit
suspicionless searches of parolees. In the Sampson decision, the Court ruled held that the police department can execute both a warrantless and
suspicionless seach at any time for no obvious reason. That is fairly significanyt expansion of powers. By the way if you live in Southern California and find yourself in need of a lawyer by all means atake a look at Los Angeles Personal Injury Attorneys Also look for brand new
legislation pertaining to various eyewitness ID procedures. This is all happening because
The National Association of Criminal Defense Lawyers previosly launched a wide spectrum suit earlier in the year which challenged eyewitness identification procedures
in the matter of ‘NACDL vs. Chicago Police Dept’. They have made the claim that the various departments use certain line-up procedures in criminal investigations which are less than perfect.
Innocenceproject.org) states that “eyewitness misidentification is the single greatest cause of wrongful convictions nationwide.” Illinois, Maryland, North Carolina, Virginia, Wisconsin, and West Virginia
have passed safegaurd measures to help right this apparent wrong. Another major legal factor for the upcoming year will no doubt be regarding the new
Security search authority which has been vastly increased under the fourth Amendment. As an example of this,
The NFL has recently enacted guidelines mandating certain pat down searches to prevent criminal elements from bringing explosives into football games,
and the courts supported them on this particular issue. Aslo, because of the landmark ‘Georgia v. Randolph’ case there should be a plethera of consent issues
which will come to the forefront. That case established that a physically present party with coequal habitation rights may under many circumstances exclude officers from a particular home, even should
another party (such as a spouse, for example) consent for them to enter the dwelling in question. Apparently, the courts are restricting the Georgia v. Randolph ruling to a relatively narrow interpretation.
And another issue that you are certain to hear more about in the new year concerns the
Courts’ act of widening the authority of law enforcement officers to ask questions during otherwise routine traffics stops, based on the case ‘Muehler v. Mena’ it
used to be the case that questioning a passenger on issues unrelated to reasons for the traffic stop was a violation of the Fourth Amendment protections, unless there is reasonable reason to justify the questions.
Apparently, however, that is no longer necessarily the case.
