Skip to Content

Category: PORAC LDF News

By Messing Adam & Jasmine | December 12, 2023 | Posted in PORAC LDF News

Court of Appeal: Officers Aren’t Bound by Criminal Court’s Conclusions

LINA BALCIUNAS COCKRELL Senior Counsel Messing Adam & Jasmine LLP Peace officers testify in court every day about their actions and decisions in criminal investigations, with criminal defense attorneys looking to undermine and invalidate those actions. When the court finds in favor of the defense, it can have negative consequences […]

Read More
By Rains, Lucia, Stern, St. Phalle & Silver | December 1, 2023 | Posted in PORAC LDF News

Murderer? Part 2

ROGER D. WILSON Of Counsel Rains Lucia Stern St. Phalle & Silver, PC This story is continued from the November issue of PORAC Law Enforcement News. Judge Stephens’ Decision At the conclusion of the preliminary hearing, Judge Stephens directed the parties to submit briefs on the facts and law related […]

Read More
By Rains, Lucia, Stern, St. Phalle & Silver | November 6, 2023 | Posted in PORAC LDF News

Murderer? Part 1

ROGER D. WILSON Of Counsel Rains Lucia Stern St. Phalle & Silver, PC “Murderer! Murderer!” came the shouts from a group of four men and women standing nearby as Modesto Police Officer Joseph Lamantia and I walked to the entrance of the Stanislaus County Courthouse. As we passed the group, […]

Read More
By Mastagni Holstedt A.P.C. | October 3, 2023 | Posted in PORAC LDF News

Deadly Force Ruled Objectively Reasonable to Stop Suspect With Replica Gun

BRIAN GABRIEL Associate Attorney Mastagni Holstedt, APC Amid increased scrutinization of deadly officer-involved shootings, the Ninth Circuit Court of Appeals recently vindicated the objectively reasonable standard in analyzing lawsuits involving the use of deadly force by peace officers. In Estate of Strickland v. Nevada County, 69 F.4th 614 (9th Cir. […]

Read More
By Messing Adam & Jasmine | October 1, 2023 | Posted in PORAC LDF News

The Ninth Circuit Upholds a ‘Suspicionless’ Detention Under ‘Special Circumstances’

MATTHEW TAYLOR Associate Attorney Messing Adam & Jasmine LLP In its July 7, 2023, decision, Bernal v. Sacramento County Sheriff’s Department, Case No. 22-15690, the Ninth Circuit Court of Appeals ruled for the first time that law enforcement officers’ detention of witnesses, without suspicion, under “special circumstances” did not violate […]

Read More