Category Archives: Privileges

CA4: “Filter Team” of govt agents and AUSAs violated separation of powers and A-C privilege

The USMJ’s ex parte creation of a “Filter Team” of federal agents and prosecutors to review the seizure of records from a law firm under a search warrant violates separation of powers and doesn’t adequately protect attorney-client privilege and work … Continue reading

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OR: Order to produce passcode to an iPhone seeks testimonial evidence

Defendant was held in contempt for not providing the passcode to access his cell phone. The court of appeals affirms. Entering a passcode into a smartphone is testimonial in nature. The Fifth Amendment’s foregone conclusion doctrine as to knowledge of … Continue reading

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Felony charges in Alameda Co. for LEO recording call between juvenile suspects and their lawyers

SF Chronicle: Judge moves forward felony eavesdropping case against Alameda sheriff’s sergeant by Megan Cassidy (“A judge on Tuesday denied an Alameda County Sheriff’s sergeant’s request to reduce his four felony eavesdropping charges to misdemeanors and moved the case forward … Continue reading

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N.D.Cal.: Order to use biometric information to unlock a device is testimonial and barred by 5A

A USMJ in the N.D.Cal. holds that the use of a court order to compel any biometric information (fingerprint, facial recognition, eye scan) is testimonial and violates the Fifth Amendment. United States v. Sealed Warrant, 2019 U.S. Dist. LEXIS 147836 … Continue reading

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CA4: USMJ must review law firm’s seized privileged materials, not USAO’s “filter team”

Two days after oral argument on a law firm’s appeal that a USMJ reviewed privileged materials seized from the firm by search warrant and not the USAO’s “filter team,” the Fourth Circuit orders the Magistrate to do it pending issuance … Continue reading

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WaPo: DEA, IRS reviewed cache of emails amid ongoing criminal probe into Baltimore lawyers

WaPo: DEA, IRS reviewed cache of emails amid ongoing criminal probe into Baltimore lawyers by Tim Prudente:

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Courthouse News Service: Fourth Circuit Takes Up Secretive Raid on Law Firm

Courthouse News Service: Fourth Circuit Takes Up Secretive Raid on Law Firm by Brad Kutner:

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N.D.Cal.: Compelled use of fingerprint to open cell phone not testimonial

The court at first declined to sign a search warrant for a cell phone that compelled use of a fingerprint to unlock it. After further submissions from the USAO and the FPD as invited amicus, the court concludes that a … Continue reading

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FL5: Existence of SW for BAC record in hospital overcame supboena without notice in violation of statute

Defendant’s BAC level was obtain by subpoena without notice contrary to statute, but they were also obtained by search warrant so they would not be suppressed. The search warrant was particular enough. Dinkins v. State, 2019 Fla. App. LEXIS 12923 … Continue reading

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CNS: Final Warrant Targeting Journalist Deemed Illegal by Judge

Courthouse News Service: Final Warrant Targeting Journalist Deemed Illegal by Judge by Nicholas Iovino:

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D.Kan.: USAO in Kansas in contempt for handling litigation over recording attorney-client jail calls

Not a Fourth Amendment case at this point of the litigation, but extremely interesting to everybody in the criminal justice system, including jailers, is United States v. Carter, 2019 U.S. Dist. LEXIS 137728 (D. Kan. Aug. 13, 2019), where there … Continue reading

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S.D.N.Y.: Seizure of 21 privileged documents out of 1.3M wasn’t a 4A or privilege violation

The government seized 1.3M documents, and 21 apparently were privileged. This doesn’t show that the government was willful disregarding the warrant or the need to protect privileged materials. His iPhone and laptop were properly seized by plain view then subjected … Continue reading

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