Confidential spousal communications obtained by a search warrant do not lose their privileged character. People v. Gliniewicz, 2018 IL App (2d) 170490, 2018 Ill. App. LEXIS 818 (Nov. 2, 2018).
The state seized text messages but didn’t disclose them in discovery because they considered it rebuttal. After the opening statements, the state decided that they needed them in its case in chief. The trial court granted a mistrial that wasn’t barred by double jeopardy. State v. Vogt, 2018-Ohio-4457, 2018 Ohio App. LEXIS 4785 (4th Dist. Oct. 29, 2018).* [If they were obtained by a search, why wasn’t discovery disclosure mandated before trial?]