Quote:
Originally Posted by DirtyDanza
let me ask you since it's a bit late.. can't call my attorney right now ...
ok so if I say put a manilla envelope with some papers in them for the sake of this convo we will call them "instructions on what to do if im in jail"
now if I label said envelope for my attorney do not open etc etc... and leave it in my house...
could cops search that info or does that fall under the attorney client privilege ?
I can't make my mind up cause I see it both ways.. I mean if you got a warrant for the house that means everything in it.. but im not sure.. I also believe in attorney and client rights as well....
please fellow GFY attorneys and know it all's let us debate on this subject the rest of the 8 o clock hour thanks
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A few things 1st: Warrants have written on them what they are looking for. If "any and all documents" is listed on the warrant, then the documents can be seized.
Anything that is not on the search warrant, cannot be seized unless it is obviously illegal and in plain view, such as a stack of cocaine, weed, etc. (plain view doctrine).
Now as for your documents that said "for my Attorney" on them if seized and "documents and all paper work" is not listed on the search warrant, anything that they say that may be incriminating can easily be argued by your attorney as "attorney client privilege" thus it cannot be used as evidence against to prove their case.
Even if "any and all documents" is listed on the warrant, the fact that the documents said "for my attorney", can be argued "Attorney Client privilege", thus making any and all evidence that came about from said documents, inadmissible.
The game goes like this: the cops will charge you with 30+ counts of what ever they feel like and lie to you, to get you to say what ever they want you to say in hopes to get your cooperation and or deal in place. This is best done after you have waived your rights to an attorney. And that is all with in the rules of the game. Any attorney wont let you say shit and will look at the evidence, weeding through the bullshit, trumped up charges, scare tactics and will tell you what is truly in your best interest without the BS of the police.
Then the 1st day in court the DA will drop a bunch of the charges due to lack of evidence, (assuming you didn't talk) then your attorney will widil down the rest of the bullshit charges until there are a few that the judge sees have enough evidence to sustain a trial.
Your biggest enemy and the cops best evidence will be you, thinking that you can explain your way out of it. SHUT UP!!! SAY NOTHING!!!!
When cops get arrested or attorneys get arrested, they know what the deal is, all of the smart ones say nothing until their attorney is present. There is a good reason for that.
In short there are 2 factors that will have those papers tossed out as evidence; if the paper/envelope was not listed on the search warrant and the fact that "for my attorney" was written on the folder, thus the cops breached you "attorney client privilege" rights. I think you will be fine according to the fact pattern you posted. Your attorney will have a field day getting shit thrown out.
Sorry, tried to make it short.