Category Archives: Privileges

S.D.Fla.: The FTC sought an order of production of cell phones and laptops for search in an action for injunction; production not testimonial and PC shown

The FTC sued defendants for injunctive relief and sought an order for production of cell phones and laptop computers. On the first issue of preservation of the Fourth Amendment claim in addition to the clearly asserted Fifth Amendment, the court … Continue reading

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LA4: When state fails to get a SW for def’s medical records, it doesn’t get a do over to fix it

In State v. Skinner, 10 So.3d 1212 (La. 2009), the state supreme court held that there was a state constitutional warrant requirement for defendant’s medical records. Failing to do it right can’t be cured by a later warrant after it’s … Continue reading

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Draft article: Orin S. Kerr, Compelled Decryption and the Privilege Against Self-Incrimination

Orin S. Kerr, Compelled Decryption and the Privilege Against Self-Incrimination, forthcoming in the Texas Law Review, available at SSRN: https://ssrn.com/abstract=3248286 Abstract:

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D.Ariz.: When a criminal defense lawyer’s office was the target of a SW, a special master was appropriate

Defendant is a criminal defense lawyer, and his office was subjected to a search and some client files were seized. When a criminal defense lawyer is the target of the search, there are clear Sixth Amendment concerns. While courts often … Continue reading

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IN: Order compelling owner of iPhone to unlock it violates 5A self-incrimination; the state is seeking to extract information from her mind

Defendant claimed she’d been sexually assaulted by her boyfriend. In investigating that, it turned into a stalking and harassment investigation of her. The state got a search warrant for her phone. When she wouldn’t unlock it, they sought a court … Continue reading

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LA Times: ‘Technical error’ blamed for recordings of more than 1,000 attorney-inmate phone calls in O.C. jail

LA Times: ‘Technical error’ blamed for recordings of more than 1,000 attorney-inmate phone calls in O.C. jail by Hannah Fry:

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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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