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Federal Judiciary

: Southern District of Florida

Disturbing story from state court

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There has been a bunch of news about this Order out of Broward state court, disqualifying the state attorney's office for listening in on attorney-client conversations in a first degree murder prosecution.

The State took a breath-taking position -- because the call originated from jail, the inmate waived the attorney-client privilege. The judge quickly dismissed this position. The defense argued that the case should be dismissed for the egregious violation. The judge didn't go that far, but did disqualify the entire prosecution office from the case.

Two questions for you. Does this happen over here? And if it did ever happen, what would the likely result be. I put two polls for you below:

How frequently do AUSAs listen in on attorney client phone calls from FDC?
Never
Rarely
Often
pollcode.com free polls

If an AUSA did listen in on an attorney client conversation, the likely result in this District would be:
Case dismissed
Disqualification of the AUSA
Disqualification of the entire USA office
Evidence suppressed
Nothing
pollcode.com free polls

Full post as published by Southern District of Florida on January 07, 2009 (boomark / email).

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