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Criminal Law

: Fourth Amendment

CA1: Client impliedly consented to telephone calls from jail to lawyer

By John Wesley Hall, Jr.

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Telephone calls from client to lawyer resulted in the lawyer being charged with obstruction and money laundering in an allegedly corrupt effort to file false affidavits to lessing the clients criminal history. Calls from the jail were subject to monitoring, and the client knew it. Therefore, the client impliedly consented to the recording of the calls. Since the motion to suppress was filed on Fourth Amendment grounds only, the court does not reach the Sixth Amendment issue. United States v. Novak, 07-1826 (1st Cir. June 30, 2008) (opinion by Sandra Day O'Connor), rev'g United States v. Novak, 453 F. Supp. 2d 249 (D. Mass. 2006): No doubt, the monitoring of Holyoke’s calls to his attorney presents a significant Sixth Amendment issue...continue to full post

Full post as published by Fourth Amendment on July 01, 2008 (boomark / email).

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