People v. Rodriguez
Annotate this CaseSan Jose Police investigated a tip that an individual was talking in a chat group about having sex with teenage girls. By serving a search warrant on America Online, the account holder was identified as defendant’s mother. Officers went to the residence wearing a concealed recorder. After conversing with the officers, defendant surrendered his computer. Officers scanned the computer and found images of underage children in sexually explicit poses. They returned to the home with a search warrant. Defendant waived his rights and acknowledged he had child pornography on his computer, but denied trading images. He was charged with possession of child pornography. Judge Northway denied, but Judge Chiarello later granted a motion to suppress. The case was dismissed and refiled. Judge Zecher denied a motion to suppress. Defendant was convicted and placed on three years felony probation. The court of appeal upheld the conviction. The trial court did not abuse its discretion when it declined to assign the motion to the judge who granted defendant’s motion to suppress in the first case and the motion was properly denied.
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