My fellow GFY Know it all LAW grad's I have a question
 

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

hit your flashers and get your gun...

Um... thats prob the reason the file is called "if I go to jail file " in the first place....


jeeze .....

OK ... lemme rephrase.

step one - unknown to everyone

step two - Danza hits hit flashers and gets his gun

step two - authorities

step three - attroney hopefully oopens untampered with envelope.

step four- unknown to everyone

why would you leave it in your house? leave it with your attorney.

Problem solved.

Or in a safety deposit box,you're fucked if they have a warrant..everything goes..even cavity searches

I believe that usually a warrant has to be specific as to what they are looking for, and what they can seize as evidence.

Best to contact an attorney though. Let us know what you find out.

Oh, and good luck... :helpme

ADG

That would be what I'd do. In house is just too risky.

As I understand, warrants are very specific. That's the law.

Practically, most cops play by their own rules. So, it is likely to be opened.

They can open and ascertain the contents are "safe" otherwise you could have a file box full of coke labeled attorney private.



.

I think that a stamped, sealed envelope addressed to your attorney would qualify as attorney client privilege.

Warrants do have to specify what they are looking for, correspondence with your attorney wouldn't likely be possible to list.

Suggestion- send it to your attorney now in an email and then delete it off your computer.

Exactly ....

In order for attorney client privilege to attach generally there has to be some communication between the attorney and client. If your attorney isn?t aware of the envelope then it is kind of hard for privilege to attach. You also have to keep in mind if anyone else came across the letter and read it (girlfriend, friend, housekeeper or whatever) they could freely testify as to what was in it. The smartest thing to do as someone mentioned would be to leave the instructions with your attorney not in your home. The only case where that gets dicey is if the letter contains some information of ongoing illegal activity. Depending on rules of ethical conduct in your jurisdiction the Attorney may not be able to just ?sit? on it leaving as the best option to deliver it to your attorney sealed with specific instructions to only open it if you are in jail.

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. :2 cents:


Sorry, tried to make it short.

your attorney must be in possession of the envelope.

Can you squeel like a piglet?

weeeeeee

you must have seen my family vacation video

deleverence

U wuz s'posed ter sey Duh-Liver-Ants (kinder like Amber Lamps)...

http://3.bp.blogspot.com/_6wjEnha9Uf...00/delivnd.jpg

http://with-malice.com/images/storie...eliverance.jpg

BTW, JustDaaveXxx, good answer. :thumbsup

I think I heard you have a law degree (or at least studied law), were you ever a licensed attorney? If so, any desire to go back?

ADG

:1orglaugh:1orglaugh:1orglaugh:thumbsup I was thinking the same thing

Yup, finished law school and did not take the BAR exam, because i got into trouble with the law, into trouble with a few bad people, that dint want their business known and it was in my best breathing interests to say and know nothing. As a result of my non corporation (not being a rat), i was not able to sit for the BAR exam.


I got 2 college degrees and a JD degree, got through school with scholarships, BJJ sponsorships (for fighting and competing), finished all schooling at 29 years old and as a result of my conviction, i cant even get a job at Starbucks or Cosco. (because they check criminal records). Talk about seriously fucking up!!


My father, younger brother(bad ass trial attorney in Miami) and a lot of my friends are attorneys and we always chit chat about cases and trials that they are working on. Im still pretty sharp with my legal reasoning and writing skills, worked on quit a few cases, getting them ready for trial for my father and 1 friend in particular. My father says that he can get my felonies reduced and expunged so i can sit for the BAR exam, but i really have no interests anymore.

At the end of the day, i have no regrets. I like what i do, im good at what i do, i make a lot at what i do and im alive with my integrity.:thumbsup


ADJ, you are one of my favorite reads:thumbsup

address the envelope to your attorney, put a stamp on it and throw it in a mail box...

Go Dave go!!!!!!

Go one better and just address the front door to your attorney and stick loads of stamps all over it.


I can't see anything still actually in your house being kept unopened - can't you mail it out?