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Consent to search computer hard drive waived attorney-client privilege in contents

By John Wesley Hall, Jr.

Defendant corporation's voluntary disclosure of a computer hard drive by a consent search which it permitted the government to copy was a waiver of attorney-client privilege in the hard drive. United States v. General Maritime Management (Portugal) L.D.A., 2008 U.S. Dist. LEXIS 55163 (S.D. Tex. July 21, 2008). Trial court's finding that officer's fleeting view of an air freshener hanging on the rear view mirror was not an obstruction was factually entitled to deference. The stop was unjustified, and the trial court's suppression order is affirmed. People v. Johnson, 2008 Ill. App. LEXIS 705 (4th Dist. July 16, 2008).* During traffic stop, officer told defendant "Okay. Then we're done," and walked away from the side of the car. Ten seconds later he asked if he could ask some more questions, and defendant assented...continue to full post

Full post as published by Fourth Amendment on July 24, 2008 (boomark / email).