California’s “Yes Means Yes” Law
California Universities To Apply “Yes Means Yes” Rule in Disciplinary Hearings
Public Concern About Rape On College Campuses
College rape cases have been making headlines across the country. A common theme in these cases is criticism of college administration for failing to take the complaints of alleged victims seriously. In response to these criticisms, Governor Jerry Brown recently signed a...
The Right to Not Be Searched Is Weakening
Supreme Court: Ignorance of the Law is No Excuse… Except for the Police.
The Fourth Amendment to the Constitution protects us all from “unreasonable searches and seizures”. Put another way, the Fourth Amendment is supposed to make it so officers have to have a reasonable suspicion that you are violating the law before they invade your privacy.
Can the police search your car if the search is...
California Gun Laws – Now, No Waiting
Court Strikes Down 10-Day Cooling Off Period for Current Gun Owners
A new ruling in the case of Silvester v. Harris (E.D. Cal. Dec. 9, 2013) by U.S. District Judge Anthony W. Ishii, does away with the 10-day waiting period for individuals that already own guns or have obtained a concealed-weapons license. This was a loss for California Attorney General Kamala Harris’ Motion to Dismiss the...
Whether hosts of drinking parties could be held liable under new California laws?
The California Supreme Court is considering whether the hosts of drinking parties where there is a cover charge are considered sellers of alcohol, who aren’t entitled to immunity for serving alcohol to drunk guests.
The court will consider the issue in the case of Jessica Manosa, who was 20 in 2007 when she decided to throw a party at an unoccupied rental parent owned by her parents. She...
Google glasses and the application of California Traffic Laws
A California driver recently was ticketed for driving while wearing Google Glasses, a wearable computer with an optical head-mounted display.(http://www.abajournal.com/news/article/driver_ticketed_for_google_glass_beats_rap_but_the_fun_is_just_starting_leg/)Cecilia Abadie is believed to be the first person to be...
Hit and Run – Leaving the scene of an accident
If you leave the scene of an accident, even if you did not cause the accident, you may be charged with a misdemeanor or felony if a person or animal was injured or property was damaged. The type of charge depends on the circumstances, on whether a person or animal was seriously injured, and on whether previous similar convictions exist. If you leave the scene of an accident and an injured...
How to seal and destroy an arrest record in California!
Under California law, a person may only be able to seal and destroy an arrest record if
1) he was arrested and not convicted and
2) must be factually innocent of the criminal charges.
The petitioner in such cases asks the court to make a finding that the defendant is factually innocent of the charges for which he is arrested.
California Penal Code 851.8.(a) states “In any case where a person...
Colorado and Washington Marijuana legalization
Justice department does not seek to preempt legalization of recreational marijuana in Colorado or Washington.Last year, Colorado and Washington passed measures legalized recreational marijuana use. Last week, Attorney General, Eric Holder, stated that the Justice Department will not seek preemption of those...