Blog Jay Leiderman Law

Category Archives: Search and Seizure

THE FRUITS OF AN ILLEGAL SEARCH OR SEIZURE ARE TAINTED AND MAY NOT BE USED AS EVIDENCE Evidence seized as the result of a search or seizure (or an arrest) which has exceeded permissible bounds is the “fruit of the poisonous tree” and must be excluded. Wong Sun v. United States, (1973) 371 U.S. 471. Thus confessions, […]

Cats are juxtaposed to drug sniffing dogs.  It’s an unfair juxtaposition.  The cat is the internet’s favorite animal.  The internet has it all wrong about cats.  Caturday has given way to Sundog. How did cats and drug sniffing dogs come out of a conversation about encrypted chat messaging? Sometimes one conversation morphs into another.  On […]

Cop math Dennis Roberts, via email, 9 June 2016 Ahhh, cop math.  Today I read a new story about drug trafficking; a huge marijuana raid involving several grow houses in Oakland and the Sinaloa cartel. 15 were arrested. In one paragraph the police say the marijuana was worth almost $4 million dollars. A couple of […]  Under investigation (NOT JAY LEIDERMAN, JAMES B. DEVINE) Ojai’s Shangri La marijuana cooperative raided for second time Ojai’s marijuana cooperative Shangri La has been raided once again by the Ventura County Sheriff’s Department, according to co-op owner Jeff Kroll, and the offices of his personal lawyer, James B. Devine (JAY LEIDERMAN’S EX-PARTNER]. The raid […]

Defendant was detained when the officer stopped behind his parked car and activated the emergency lights.  (350) An officer investigating an emergency call of a fight in progress pulled his patrol car behind defendant’s parked vehicle and activated the emergency lights. He approached the car and saw defendant sitting behind the wheel, apparently intoxicated. A […]