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· 8/22/2006

United States v. Michael Aaron O'Keefe

Citations

  • 461 F.3d 1338
  • 2006 U.S. App. LEXIS 21414
  • 2006 WL 2405843

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that “due process is not violated by the use for impeachment purposes of a defendant’s silence prior to arrest, or after arrest if no Miranda warnings are given”
  • “[The government’s expert] testified that the two viruses he found on [the defendant’s] computer were not capable of ‘downloading and uploading child pornography and sending out advertisements.’”
  • “[The government’s expert] testified that the two viruses he found on [the defendant’s] computer were not capable of ‘downloading and uploading child pornography and sending out advertisements.’ ”
  • reference to post-arrest silence allowed but only to rebut defendant's implication that he cooperated with police
  • the defendant claimed to possess child pornography for use in a personal crusade against sexual predators

Source: CourtListener parenthetical corpus (CC0).

Judges: Dubina, Marcus, Pryor

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.