Category Archives: Privileges

OR: Property tax reassessment claim dismissed for refusal to permit inspection

Taxpayer’s property tax assessment appeal is dismissed for refusing an inspection of the property claiming a Fourth Amendment violation. He claimed the records of the assessor are incorrect, and the assessor wants to see whether that’s true. He was told … Continue reading

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LA Times: Editorial: Bugging conversations between criminal defendants and their lawyers is bad news

LA Times: Editorial: Bugging conversations between criminal defendants and their lawyers is bad news: The Fourth Amendment protects against unreasonable searches and seizures, and under various court rulings that means government agents must first get warrants before listening in on … Continue reading

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ID: Cell seizure of def’s notes for conversation with defense lawyer presumptively prejudicial; remanded to see if state can overcome prejudice and whether DA disqualified

Defendant was convicted of attempted murder. “While he was incarcerated prior to trial, Robins’s cell was searched and handwritten notes he had prepared in anticipation of a meeting with counsel were seized and delivered to the prosecuting attorney. The district … Continue reading

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LA Times: Authorities recorded privileged attorney-client conversations, district attorney’s office says

LA Times: Authorities recorded privileged attorney-client conversations, district attorney’s office says by Nina Agrawal:

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The Hill: Special master in Cohen case rejects more than a third of legal team’s privileged items

The Hill: Special master in Cohen case rejects more than a third of legal team’s privileged items by Aris Folley: According to court documents filed Thursday, Special master Barbara Jones found that 1,452 out of the 4,085 items designated privileged … Continue reading

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MotherJones: A Private Prison Company Gave 1,300 Recordings of Confidential Inmate Phone Calls to Prosecutors

MotherJones: A Private Prison Company Gave 1,300 Recordings of Confidential Inmate Phone Calls to Prosecutors by Tonya Riley: Kansas’ US Attorney’s Office has admitted listening to opposing lawyers’ conversations. Securus, the company responsible for recording the calls, has already faced … Continue reading

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DE: Search of jail cell seizing legal materials violated 6A; dismissal of indictment required

The search of defendant’s prison cell seizing his legal materials without judicial approval violated his Sixth Amendment rights, not his Fourth Amendment rights. The lead prosecutor in his case reviewed the legal materials. The state should have used a taint … Continue reading

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MO: Recording def’s conversation with attorney in police station interview room violated 6A and privilege; mandamus granted against unsealing

Defendant’s attorney met him at the police station to confer, and they put them in an interview room which recorded their meeting. The trial court appointed a special master to review it. The recording violated defendant’s attorney-client privilege and right … Continue reading

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MN: Seizure of blood sample by SW to a hospital doesn’t violate doctor-patient privielge

“The seizure of a patient’s blood sample pursuant to a search warrant addressed to a hospital does not violate the statutory physician-patient privilege because a blood sample collected by the hospital as part of medical treatment does not constitute ‘information’ … Continue reading

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The Hill: We need a new law to protect lawyer-client communications

The Hill: We need a new law to protect lawyer-client communications by Alan Dershowitz: The Fifth Amendment merely prohibits the use of illegally obtained self-incriminatory information at the defendant’s criminal trial. The Fourth Amendment prohibits unlawful intrusions into the privacy … Continue reading

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ABAJ: How will prosecutors handle privileged documents from Michael Cohen raids?

No, the attorney-client privilege isn’t dead, and neither is the crime fraud exception. ABAJ: How will prosecutors handle privileged documents from Michael Cohen raids? by Stephanie Francis Ward:

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N.D.Cal.: Court orders target to open computer and phones under All Writs Act; no privilege bars order

Police seized a computer, hard drive, and iPhone that had been encrypted and password protected. The FBI couldn’t get in. The government applies for an order under the All Writs Act. The court finds that the Fifth Amendment testimonial privilege … Continue reading

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