Posted by: Frederick Lane
on 02 April 2011
Motion to Suppress Granted -- San Francisco police officers observed three men whom they believed to be members of the MS-13 gang standing in front of a restaurant. A no-loitering sign was posted in the restaurant window. The officers watched the men for a few minutes, but observed no threatening or gang-related behavior. The officers approached the men to advise them about the no-loitering policy, and despite the lack of any threatening behavior, conducted a pat-down search of each one.
Posted by: Frederick Lane
on 16 March 2011
Sentence affirmed -- Defendant was convicted of receiving child pornography and was sentenced to twelve years in prison. Defendant argued that the district court inappropriately enhanced his sentence two levels for sadistic or masochistic content, and two levels for using a computer. The Court of Appeals said that record was clear that the material received by defendant included sadistic or masochistic images. The Court also noted that defendant not only used a computer to receive child pornography, but also used it to send the contraband to minor girls. The Court also rejected defendant's other challenges to his sentence (none of which dealt with forensics issues) and affirmed the district court's rulings.
Posted by: admin
on 13 February 2011
Motion to Suppress Denied in Part and Granted in Part -- Defendant was charged with "two counts of production of child pornography, in violation of 18 U.S.C. § 2251(a), one count of receipt of child pornography, in violation of 18 U.S.C. § 2252(a)(2), and one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B)." The charges stemmed from an investigation into a report that a man driving a white SUV had exposed himself to a young girl near the Dixie Elementary School in San Rafael, California.
