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People v. Paul
Police officers' encounter with defendant was not consensual where they stood a few feet from each of his parked car's doors and shined two flashlights into the car simultaneously.
Constitutional Law 2DCA/5 Feb. 16, 2024
Tucson v. City of Seattle
District court improperly analyzed whether ordinance criminalizing writing on property sans permission was unconstitutionally overbroad by failing to inquire into the ordinance's numerous lawful applications.
Constitutional Law 9th Feb. 5, 2024
Snitko v. U.S.
Fourth Amendment's inventory search exception did not apply to contents of safe deposit boxes seized where the police's instructions on how to inventory the contents were written specifically for the boxes.
Constitutional Law 9th Jan. 24, 2024
Coalition on Homelessness v. City and County of San Francisco
Court affirmed preliminary injunction against City's ordinances disallowing sleeping or camping on public property because City waived argument that the ordinance was time-limited by not previously presenting it.
Constitutional Law 9th Jan. 12, 2024
People v. Ramirez
Compelled use of defendant's finger to unlock his phone did not violate his privilege against compulsory self-incrimination under the Fifth Amendment because it was not testimonial.
Constitutional Law 6DCA Dec. 26, 2023
Miller v. City of Scottsdale
Restaurant owner's constitutional violation claims against City and arresting officer failed as officer had probable cause that owner was violating COVID-19 order disallowing in-person dining.
Constitutional Law 9th Dec. 11, 2023
People v. Mosqueda
California's gun licensing statute does not facially violate the Second Amendment because its invalid portions were severable.
Constitutional Law 3DCA Nov. 21, 2023
National Association of Wheat Growers v. Bonta
District court did not err in enjoining California from enforcing a Prop 65 warning requirement for chemicals because their link to cancer was disputable.
Constitutional Law 9th Nov. 8, 2023
Camenzind v. California Exposition & State Fair
Under the California Speech Clause, free speech activities may be limited at a private event requiring a ticket for entrance even though it was held within a publicly-owned venue.
Constitutional Law 9th Nov. 1, 2023
Isaacson v. Mayes
Physician plaintiffs demonstrated both actual and imminent injuries sufficient for standing in action alleging that Arizona law criminalizing the performance of certain abortions is unconstitutionally vague.
Constitutional Law 9th Oct. 31, 2023
Modification: Boyd v. Central Coast Community Energy
Electricity rates charged by government entity fell within one of the enumerated exceptions to the constitutional requirement that voters approve new or increased taxes.
Constitutional Law 6DCA Oct. 27, 2023
Amended Opinion: No on E v. David Chiu
San Francisco ordinance requiring political groups identify top contributors in advertisements did not violate First Amendment because it was narrowly tailored to accomplish the important governmental interest of providing voters information.
Constitutional Law 9th Oct. 27, 2023
People v. Allen
The Second Amendment does not prohibit states from requiring individuals to submit to certain licensing requirements in order to legally possess a firearm.
Constitutional Law 4DCA/2 Oct. 20, 2023
Creech v. Tewalt
Idaho prisoner facing lethal injection did not have First Amendment right to access information about the drugs and procedures used for the execution because this information was not historically accessible.
Constitutional Law 9th Oct. 17, 2023
People v. Simmons
Racial Justice Act did not violate California Constitution's requirement for case-specific inquiry to set aside a judgment since racially discriminatory language in a trial was itself a miscarriage of justice.
Constitutional Law 2DCA/6 Oct. 16, 2023
Boyd v. Central Coast Community Energy
Electricity rates charged by government entity fell within one of the enumerated exceptions to the constitutional requirement that voters approve new or increased taxes.
Constitutional Law 6DCA Oct. 5, 2023
People v. Esparza
San Diego police officers' patdown of suspected gang member was constitutionally valid because there was specific evidence that suspect was armed at the time of the patdown.
Constitutional Law 4DCA/1 Sep. 27, 2023
Fellowship of Christian Athletes v. San Jose Unified School District
School district's non-discriminatory student club policy was not generally applicable because the district retained and exercised discretion to exempt groups from the policy, subjecting it to strict scrutiny.
Constitutional Law 9th Sep. 14, 2023
Junior Sports Magazines, Inc. v. Bonta
Plaintiff demonstrated a likelihood of success on the merits because California law restricting lawful commercial speech directed at minors regarding firearm-related products was more extensive than necessary.
Constitutional Law 9th Sep. 14, 2023
Iten v. County of Los Angeles
Landlord had standing to sue based on Contracts Clause violation when he alleged that the County eviction moratorium impaired the original lease agreement's contractual obligations.
Constitutional Law 9th Aug. 31, 2023
People v. Ceja
California's felon-in-possession-of-ammunition statute does not facially violate the Second Amendment, as the right to bear arms only applies to law-abiding citizens.
Constitutional Law 4DCA/3 Aug. 31, 2023
In re T.F.-G.
Defendant's Second Amendment facial challenge to California's firearm licensing regime failed because the unconstitutional good cause requirement was severable from the rest of the statute.
Constitutional Law 6DCA Aug. 28, 2023
People v. Martinez
Regulation prohibiting notice agreements between bail bond agents and inmates survived First Amendment intermediate scrutiny because the law directly advanced the state's interests in secure jail administration.
Constitutional Law CASC Aug. 25, 2023
People v. Miller
Prohibiting carrying a concealed firearm in a vehicle without a license does not violate the Second Amendment regardless of the constitutionality of California's firearm licensing statutes.
Constitutional Law 3DCA Aug. 25, 2023
Hecox v. Little
Because of the likely Equal Protection Clause violation, Idaho district court did not abuse its discretion in preliminarily enjoining law that banned transgender female participation in women's athletics.
Constitutional Law 9th Aug. 18, 2023
Teter v. Lopez
Because butterfly knives are "arms" covered by the Second Amendment, and Hawaii's outright ban was inconsistent with historical tradition, it was unconstitutional.
Constitutional Law 9th Aug. 8, 2023
Huntsman v. Corporation of the President
Because it was secular in nature, former church member's fraud claim as to church's use of tithe funds was not barred by First Amendment's ecclesiastical abstention doctrine.
Constitutional Law 9th Aug. 8, 2023
Coalition of County Unions v. Los Angeles County Bd. of Supervisors
Amendment requiring 10% of Los Angeles County revenues go to community investment was valid since it was grounded in the County's authority to provide for the operation of local government.
Constitutional Law 2DCA/3 Aug. 2, 2023
Modification: In re D.L.
Statutory provision criminalizing possessing a loaded firearm in public was not unconstitutional even though "good cause" licensing requirement of related statutory scheme was unconstitutional because the invalid provision was severable.
Constitutional Law 1DCA/2 Aug. 1, 2023
Coalition on Homelessness v. City and County of San Francisco
San Francisco's policy of towing lawfully parked vehicles with unpaid parking tickets did not fall under the Fourth Amendment's vehicular community caretaking exception because it did not serve an immediate public need.
Constitutional Law 1DCA/5 Jul. 25, 2023