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For a discussion explaining the Fourth Amendment / Fifth Amendment difference as it relates to a claim that Miranda was required because the suspect was in custody, see an excerpt below from People v. Pilster (2006) 138 Cal.App.4th 1395, at 1405-1406. When moving to suppress evidence prior to trial, it is often confusing whether to […]

In advance of Barrett Brown’s release on the 29th of November, I wanted to publish this batshit crazy email.  I have redacted the name of the sender and the blogs so that I can preserve her privacy.  But if you guess who sent it – whatever.  This person kept tweeting at me and I agreed […]

Each year America turns to the somber reflection of the day everything changed, September 11th, 2001.  As do I.  But there is more to ponder when the day is done.  There are three days in September that we should put in context, as each has its own lessons to teach.  On September 12th, 1977, Steven […]

FOR IMMEDIATE RELEASE September 9th, 2016   The Lawyers of Distinction is pleased to announce that California State Bar Certified Criminal Law Specialist JAY LEIDERMAN of VENTURA, CALIFORNIA has been certified as a member.  The Lawyers of Distinction is recognized as the fastest growing community of distinguished lawyers in the United States.   Membership is limited […]

How did Jay Leiderman’s case, that of Commander X charged with a simple DDos protest on the County of Santa Cruz website, make it’s way to be the feature story of the September 2014 New Yorker magazine?   After 9 months of frequent calls, OTR encrypted chats, texts, emails and Skype sessions with author David […]