ElectricLawyer

In re Sodersten - I think I have an answer

Earlier today I posted the summary of In re Sodersten, the poor soul who received what I think is the first posthumous habeas grant ever handed down. I noticed that even though the court of appeal was very critical of the prosecutors, neither was referred to the State Bar (as required by law). Well, now I find out that:

1. Ronn Coulliard is a superior court judge
2. Phillip James Cline is THE district attorney in Tulare County.

Need I say more?

Pretexting is Illegal in California

Some writers are suggesting that "pretexting," (pretending to be someone else in order to obtain information) may not be illegal because it is used in housing discrimination investigations.

I see a significant difference between pretending to be someone of another race in order to catch a discriminating landlord and pretending to be someone else in order and using her Social Security number, in order to obtain her phone records. In the first case, I am not pretending to be another actual person, but simply making up a fictional person in order to ferret out a tort or crime (other examples are pretending to be a little girl in order to catch a sexual predator). In the second case, I am using someone else's identity to obtain personal, private information belonging to that person.

I believe that Penal Code section 529 makes the second practice a violation of the law. That section provides, in relevant part:

Every person who falsely personates another in either his private or official capacity, and in such assumed character either:
...

3. Does any other act ... whereby any benefit might accrue to the party personating, or to any other person;

Is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the state prison, or in a county jail not exceeding one year, or by both such fine and imprisonment.

As I see it, the investigators who pretended to be board members or journalists in order to obtain those persons' telephone records were falsely personating another in order to derive a benefit to themselves (they got paid) or to another (Patricia Dunn).