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AB 123 Seeks Amendment To PC 626 Court Says 75 Minute Detainment Reasonable

Save Our State

Regular Member
Feb 18, 2011
The Golden State
Assembly bill 123 seeks to expand the area of enforcement around a school property to adjacent streets and even the area and times kids are walking to school. While the main thrust of this bill is aimed at abortion protestors, the way the law is written gives (gave) rise to an allowable 4th amendment violation via not holding individual officers liable

The three-judge panel also ruled that the individual deputies and school officials could not be held liable for the 1st Amendment violations, though the panel found that the deputies wrongly detained the activists for 75 minutes.

"A reasonable officer in the deputies' situation could believe that their actions were lawful," said Jennifer Lehman, a lawyer in the county counsel's office.