AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability
of Law Enforcement Agencies & Personnel


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Cost Recovery: Law Enforcement

     An intermediate California appeals court held that a state statute concerning the recovery, by a municipality, of the cost of furnishing a police officer in response to a subpoena authorized the imposition of such costs on either the attorney or his client. The decision occurred in the context of an officer subpoenaed to testify at an administrative hearing. Maddox v. City of Costa Mesa, #G043297, 2011 Cal. App. Lexis 339 (Cal. App.).
     California Highway Patrol could recover, from an allegedly intoxicated motorist causing an accident requiring an emergency response, the costs of that response, including a portion of the officers' salaries. The time covered also includes time spent on activities such as preparing reports or transporting victims or the impaired motorist from the scene, as well as various "in custody" activities, such as the arrest itself. California Highway Patrol v. Superior Court, No. A109209, 2006 Cal. App. Lexis 3 (Cal. App. 1st Dist.). [2006 LR Mar]


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