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PEOPLE v. LEON

No. B173851.

32 Cal.Rptr.3d 421 (2005)

The PEOPLE, Plaintiff and Respondent, v. Avelino LEON et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Eight.

August 3, 2005.

Attorney(s) appearing for the Case

Kenneth H. Lewis, Los Angeles, and Peter N. Priamos, Torrance, for Defendant and Appellant Avelino Leon.

Sandra Uribe, under appointment by the Court of Appeal, for Defendant and Appellant Victor Aceves.

Nancy Gaynor, under appointment by the Court of Appeal, for Defendant and Appellant Victor Aceves.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Steven D. Matthews and Mary Sanchez, Deputy Attorneys General, for Plaintiff and Respondent.

COOPER, P.J.

In this appeal from the denial of motions to suppress, we hold that a person who uses a false name to procure a cellular telephone has a privacy interest in his communications over that phone. The Fourth Amendment "prescribe[s] a constitutional standard that must be met before official invasion is permissible." (Berger v. New York (1967) 388 U.S. 41, 64, 87 S.Ct. 1873...

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