Category Archives: Privileges

NY3: Evidence seized from defense counsel was not privileged because of crime-fraud exception

Somehow, papers were seized [or obtained] from the county public defender in the case [without explanation, which is not uncommon in New York appellate cases], and defendant claimed attorney-client privilege. The court finds the crime-fraud exception applies, and what was … Continue reading

Posted in Privileges | Comments Off on NY3: Evidence seized from defense counsel was not privileged because of crime-fraud exception

ATL: The Difference Between Bryan Carmody And Julian Assange

ATL: The Difference Between Bryan Carmody And Julian Assange by Tyler Broker:

Posted in Privileges | Comments Off on ATL: The Difference Between Bryan Carmody And Julian Assange

N.D.Cal.: Govt bears burden of showing attachment limiting search was actually attached, and it failed

For the government to rely on the good faith exception by claiming the attachment limiting the warrant was attached to the search warrant, it bears the burden of showing that, and it didn’t. United States v. Chang, 2019 U.S. Dist. … Continue reading

Posted in Franks doctrine, Privileges, Scope of search | Comments Off on N.D.Cal.: Govt bears burden of showing attachment limiting search was actually attached, and it failed

OH7: No REP in police interrogation room; conversation with wife after statement to police recorded

Defendant gave a statement to the police and then he was left alone in the interrogation room to talk to his wife for 40 minutes. Police recorded the conversation. There was no reasonable expectation of privacy in the room, and, … Continue reading

Posted in Privileges, Reasonable expectation of privacy | Comments Off on OH7: No REP in police interrogation room; conversation with wife after statement to police recorded

NJ: State’s references to refusal to consent violated 4A & 5A

NJ finally holds that the state’s repeated references to defendant refusing consent as consciousness of guilt violated his Fourth and Fifth Amendment rights. State v. Sui Kam Tung, 2019 N.J. Super. LEXIS 101 (June 28, 2019):

Posted in Consent, Privileges | Comments Off on NJ: State’s references to refusal to consent violated 4A & 5A

TheAppeal.org: ‘Do Not Record’

TheAppeal.org: ‘Do Not Record’ by Elizabeth Weill-Greenberg: Phone calls between prisoners in Orange County and their lawyers were recorded and accessed. How wide the eavesdropping was remains an open question. . . .

Posted in Prison and jail searches, Privileges | Comments Off on TheAppeal.org: ‘Do Not Record’

FL1: Recognizing conflict in many courts on compelled password production, court takes a middle ground: state must show what it wants with “reasonable particularity”

“To what extent does the Fifth Amendment right against self-incrimination protect a suspect in a criminal case from the compelled disclosure of a password to an electronic communications device in the state’s possession? Courts differ in their legal analysis of … Continue reading

Posted in Cell phones, Privileges | Comments Off on FL1: Recognizing conflict in many courts on compelled password production, court takes a middle ground: state must show what it wants with “reasonable particularity”

NACDL Fourth Amendment Center: Compelled Decryption Primer

NACDL Fourth Amendment Center: Compelled Decryption Primer:

Posted in Cell phones, Privileges | Comments Off on NACDL Fourth Amendment Center: Compelled Decryption Primer

NBC: Give up your password or go to jail: Police push legal boundaries to get into cellphones

NBC: Give up your password or go to jail: Police push legal boundaries to get into cellphones by John Schuppe: “The world should know that what they’re doing out here is crazy,” said a man who refused to share his … Continue reading

Posted in Cell phones, Privileges | Comments Off on NBC: Give up your password or go to jail: Police push legal boundaries to get into cellphones

NPR: Political Fallout Escalates After SF Police Raid Journalist’s Office

NPR: Political Fallout Escalates After SF Police Raid Journalist’s Office by Sonja Hutson: The San Francisco Police Officers’ Association is calling on the chief of police to resign for his handling of a raid on a reporter’s home. The reporter … Continue reading

Posted in Privileges | Comments Off on NPR: Political Fallout Escalates After SF Police Raid Journalist’s Office

NYTimes: San Francisco Police Chief Apologizes for Raid of Journalist’s Home

NYTimes: San Francisco Police Chief Apologizes for Raid of Journalist’s Home by Sandra E. Garcia: The chief of the San Francisco Police Department apologized on Friday for a police raid at the home of a Bay Area freelance journalist in … Continue reading

Posted in Privileges | Comments Off on NYTimes: San Francisco Police Chief Apologizes for Raid of Journalist’s Home

The Hill: Does your district attorney have access to your medical records?

The Hill: Does your district attorney have access to your medical records? by David Siegel: The latest attempts to criminalize women’s health care will demand that every Alabaman woman share their medical records with their local district attorney. Sound fishy?

Posted in Privileges | Comments Off on The Hill: Does your district attorney have access to your medical records?