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Reason
Reason
Eugene Volokh

Prosecution in Apple's iPads-for-Concealed-Firearms-Licenses Bribery Case Can Go Forward

From Friday's decision in People v. Moyer, written by Justice Bromberg and joined by Justices Grover and Lie:

 According to the People, the Santa Clara County undersheriff requested—and defendant Thomas Moyer made—a promise to donate iPads to the Santa Clara County Sheriff's Office in exchange for releasing concealed carry weapon (CCW) licenses that the sheriff had signed. Consistent with the Ninth Circuit's interpretation of California law, federal law and the law in many states, we conclude that such a promise may constitute a bribe. We also conclude that the evidence presented to the grand jury was sufficient to raise a reasonable suspicion of such bribery. Accordingly, we reverse the trial court's order dismissing the bribery count against Moyer, reinstate that count, and remand for further proceedings….

The story of the San Jose CCW bribery scandal is long and complicated, and involves a good deal more than just this matter; here's just a brief excerpt from the court's summary of the facts:

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