Jiang

People v. Jiang

Good Law
131 Cal. App. 4th 1027·2005 Cal. App. LEXIS 1281·33 Cal. Rptr. 3d 184
Court of Appeal of CaliforniaJune 16, 2005No. H026546California11,077 words

Opinion

lead Opinion

Mihara, J.

Defendant was arrested and charged with committing sexual offenses against an acquaintance. After his arrest, he was interviewed by a detective with the assistance of a Mandarin interpreter. The interpreter did not adequately convey to defendant in Mandarin the detective’s admonitions about defendant’s constitutional rights. The trial court denied defendant’s motion to suppress his statement to the police on Miranda 1 grounds. Defendant was released on bail shortly after his arrest, and he used his employer-issued laptop computer to prepare numerous documents for his attorneys regarding the charged offenses. He placed these documents in a folder on the computer called “Attorney” and password-protected each of them. The prosecutor subsequently used a subpoena duces tecum to obtain the documents on this laptop computer from defendant’s employer. The trial court found that these documents were not subject to the attorney-client privilege because defendant had no reasonable expectation of privacy in documents on an employer-issued laptop computer. The court denied defendant’s motion to suppress the documents and recuse the prosecutor and ruled that the documents could be…

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