Blog Jay Leiderman Law

Category Archives: Fourth Amendment

Defendant had no 4th Amendment reasonable expectation of privacy in his shared folder associated with the P2P (peer-to-peer) network. (312) (425) The evidence leading to defendant’s arrest was obtained when police used software that targets peer-to-peer file-sharing networks to identify IP addresses associated with known digital files of child pornography. Defendant argued the use of this […]

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 […]

“The district court’s finding that Naranjo was involved in a five-kilogram cocaine transaction does not preclude a finding of sentencing entrapment. We now address Naranjo’s alternative argument that the district court erred in not finding that the government engaged in sentencing entrapment.”  U. S. v. Naranjo 52 F.3d 245 (1995) (sentencing entrapment)   From an email […]