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Archives - March 2009

31
Mar

SAN DIEGO CRIMINAL DEFENSE: SECOND-DEGREE FELONY MURDER AND MERGER

We are not in a common law state, there are no common law crimes. Right? Well, not so fast. There is second-degree felony murder, a crime wholly made up by the Supremes. The Supremes here try to put this problem to rest by claiming that they really didnit make up this crime. They claim that …

26
Mar

CALIFORNIA CRIMINAL DEFENSE: NO “CUSTODY” FOR MIRANDA PURPOSES AT WORK

The Defendant was instructed to follow police to room in office space where he worked while his office, home and car were being searched (with a warrant). He was questioned with the door closed, but specifically told he was not under arrest, and that he would walk out when “we’re done,” but was not told …

26
Mar

FEDERAL WIRETAPPING AND STANDING

Even though the trial court erred in ruling that the Defendant did not have standing to complain of a violation of wiretap laws in the monitoring of her boyfriend’s phone, which she also used, Defendant was not entitled to suppression because “Ms. Ahamad never sought a hearing based on the claim federal law enforcement authorities …

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