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Can I Arrest Another Citizen in California?

04-27-2016


The Penal Code recognizes
the right of a person to arrest another. Under Penal Code section 837, a private person may arrest another person:

 

·    
For a public
offense committed or attempted in the arresting person’s presence.

·    
When the person
has committed a felony, though not in the arresting person’s presence.

·    
When a felony
has been committed, and the arresting person has reasonable cause to believe
the person to be arrested committed it.

 

A citizen making an arrest
under these provisions has a limited r...


San Diego Police Departments Use of Body Worn Cameras

04-05-2016


Axon body cameras are
cameras that have been recently used by the San Diego Police Department in
conducting their investigations. The use of the cameras just like any other
device has some benefits and some drawbacks.

 

One benefit associated with
the use of the cameras is to assure that police officers do not violate
citizens rights or use excessive force in apprehension of an alleged criminal
defendants.

 

One major drawback
associated with the camera is that if you for any reason do not assert your
right against self-incrimination under the fifth amendment of the U.S.
Constitution you may have a very difficult time crafting a defense or arguing
for the exclusion of the evidence.

 

Now mo...


Court of Appeal Solidifies Importance of Psychotherapist-Patient Privilege

04-01-2016


In Kirchmeyer
v. Phillips,
the California
Court of Appeal for the third district once again solidified the importance of
the psychotherapist-patient privilege against an unwarranted investigatory
subpoena for production of patient’s records.

 

Kimberly Kirchmeyer, as
Executive Director of the Medical Board of California (the Medical Board),
launched an investigation of Geoffrey Phillips, M.D., a licensed psychiatrist,
based on a complaint that Phillips had carried on a sexual relationship with a
patient. As part of the investigation, an investigatory subpoena duces tecum
for the production of specified medical ...


Medical Disability Lacks Any Rational Relation To Classification As a Person With Bad Moral Character

03-25-2016


In Ledezma-Cosino
v. Lynch, No. 12-73289 (9th Cir.
2016)
, Petitioner, a citizen of Mexico, appealed the BIA's
determination that he was not eligible for cancellation
of removal
or voluntary departure because he lacked good moral character
pursuant to 8 U.S.C. 1101(f)(1), as a "habitual drunkard." Petitioner
is a chronic alcoholic and has a ten-year history of alcohol abuse. The court
held that, under the Equal Protection Clause, a person’s medical disability
lacks any rational relatio...


Rejali Law Firm, APLC Files Suit Against UCSD

03-08-2016


Rejali Law Firm, APLC has filed suit against Regents of the University of California San Diego (“University”)
in San Diego Superior Court. The Lawsuit alleges that the University through
its employees, agents and associates has violated California’s
discriminatory laws
, has allegedly committed promissory fraud and
negligence against its client. 

 

The parties are expected to
make their first appearance in court on August 19th, 2016.



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