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LAW ENFORCEMENT USE OF FORCE & LIABILITY CONFERENCE
November 16, 2018 @ 8:00 am - 4:30 pm
Register here: http://calawyers.org/Public
7:45 a.m. – 8:15 a.m. Registration
8:15 a.m. – 8:30 a.m. Welcome and Opening Remarks
AFTER THE CRITICAL INCIDENT AND BEFORE THE LITIGATION
8:30 a.m. – 10 a.m.
Be prepared for the many issues that will arise even before your
agency is sued. The panel will discuss their personal experiences
dealing with the multitude of issues that arose in the aftermath of a
critical incident involving the shooting by a sheriff’s deputy of a 13
year old Hispanic boy carrying a replica fire arm in Sonoma County.
Discussion will include such issues as invoking the critical incident
protocol; issuing press releases and responding to media inquiries;
dealing with elected officials; preparing for community protests
and other actions; investigations by the District Attorney and the
importance of coordination amongst involved agencies.
SPEAKERS: Jill Ravitch, Sonoma County District Attorney
Tom Schwedhelm, Santa Rosa City Council Member
and Former Police Chief Santa Rosa Police Department
Caroline Fowler, Deputy District Attorney, Sonoma
County and Former City Attorney for the City of Santa
Break (15 minutes)
PURSUIT POLICIES: COMPLIANCE AND IMMUNITY IN A
10:15 a.m. – 11:45 a.m.
Recently, the Supreme Court of California held that a public agency’s
pursuit policy must include a written certification requirement under CA
Vehicle Code section 17004.7 but that 100 percent compliance was not a
prerequisite to receiving immunity from damages incurred from a vehicle
pursuit. This panel will discuss what qualifies as compliance and how to
demonstrate good faith efforts in developing effective pursuit policies.
SPEAKERS: Denise Rocawich, Associate Jones & Mayer
Steve “Pappy” Papenfuhs, Former San Jose Police
Sergeant and President of Insight Training
12 noon – 12:30 p.m.
12:30 p.m. – 1:15 p.m
Seminal Supreme Court decisions impacting police use of force and their
lasting impacts on policing in America. The program charts Supreme
Court precedent as applied to actual instances involving the use of police
force to demonstrate how these decisions have led to persistent concerns
about excessive force and policing policies.
SPEAKER: Dean Erwin Chemerinsky, Berkeley Law
Break (15 minutes)
BODY WORN CAMERA AND EFFECTIVE DEPOSITION PREPARATION
1:30p.m. – 3 p.m.
This panel will discuss various body-worn camera policies and their impacts
on preparing officers for depositions and testimony. This will include handling
conflicts between reports and video recordings and techniques to effectively
prepare officers for depositions and other related testimony. Participants will
learn strategies for officer preparation, confidence building, and anticipated
cross-examination, keys to a successful defense.
SPEAKERS: Dana Fox, Partner, Lewis, Brisbois, Bisgaard & Smith
Moses Johnson, Asst. City Attorney, City of Anaheim
Cory Brente, Sr. Asst. City Attorney, City of Los Angeles
RACIAL IDENTITY & PROFILING
3 p.m. – 4:30 p.m.
Recent events have placed a spotlight on racial profiling by police. This
session will address legal limitations governing the use of race by law
enforcement and the impact of the Racial Identity and Profiling Act of
2015 (RIPA—A. B. 953, Gov. Code, § 12525.5). The discussion will include
RIPA’s stop data regulations requiring officers to identify race and other
characteristics, a summary of the RIPA Board’s first report on racial identity
and profiling, community perspectives on racial profiling, and best practices
for compliance. The panel will also discuss practical considerations in
implementing RIPA, including reducing racial profiling, defining a stop
during crowded events, and the burden for officers in complying.
SPEAKERS: Reverend Ben McBride, Co-Chair of the RIPA Board
Angela Sierra, Chief Assistant Attorney General at the
California Department of Justice and RIPA Board Member
Joseph Farrow, U.C. Davis Police Chief, former CHP
Commissioner and former RIPA Board Member