Category Archives: Privileges

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

Posted in Prison and jail searches, Privileges | Comments Off on MotherJones: A Private Prison Company Gave 1,300 Recordings of Confidential Inmate Phone Calls to Prosecutors

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

Posted in Privileges | Comments Off on DE: Search of jail cell seizing legal materials violated 6A; dismissal of indictment required

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

Posted in Privileges, Reasonable expectation of privacy, Standards of review | Comments Off on MO: Recording def’s conversation with attorney in police station interview room violated 6A and privilege; mandamus granted against unsealing

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

Posted in Apparent authority, Drug or alcohol testing, Privileges | Comments Off on MN: Seizure of blood sample by SW to a hospital doesn’t violate doctor-patient privielge

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

Posted in Privileges | Comments Off on The Hill: We need a new law to protect lawyer-client communications

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:

Posted in Privileges, Scope of search | Comments Off on ABAJ: How will prosecutors handle privileged documents from Michael Cohen raids?

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

Posted in Cell phones, Computer searches, Privileges | Comments Off on N.D.Cal.: Court orders target to open computer and phones under All Writs Act; no privilege bars order

W.D.Va.: Prisoner suit for recording attorney-client meetings survives 6A claim but 4A denied on QI

Plaintiff, a prison inmate, had his conversations with his lawyer in trial preparation recorded by prison officials. He sued for interference with his right to counsel and for a Fourth Amendment violation. Defendant’s summary judgment motion is denied on the … Continue reading

Posted in Prison and jail searches, Privileges, Qualified immunity | Comments Off on W.D.Va.: Prisoner suit for recording attorney-client meetings survives 6A claim but 4A denied on QI

D.Minn.: Seizure of emails implicated A-C privilege and are subject to suppression

The defendant raised attorney-client privilege against the seizure of emails to lawyers and then CPAs retained by his tax lawyers. The former was determined to be waived. The latter, however, remained privileged. United States v. Adams, 2018 U.S. Dist. LEXIS … Continue reading

Posted in E-mail, Privileges, Scope of search | Comments Off on D.Minn.: Seizure of emails implicated A-C privilege and are subject to suppression