For Attorney/Lawyer Types
 

Of course anyone can comment.

But I would like to know what the legal types that are with us think of what went on in this video and how it was handled by the judge.

Just to give you some idea what you are watching... a deputy takes documents from the defense attorney's desk behind her back while she is speaking in court and gives it to another deputy to make photocopies without the attorney's permission or knowledge.

http://www.youtube.com/watch?v=qTnVe9483kQ

Re: For Attorney/Lawyer Types
 

Opps!

Re: For Attorney/Lawyer Types
 

Is there a link to an article? I can't make out what's being said.

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There is some information here.

http://www.heatcity.org/

That is the website of the freelance journalist who originally obtained the footage.

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I'm puzzled by the deputy's move from the side of the courtroom to the position directly behind the defense attorney. What prompted him to move to a position where he could "glaze over" (sic) the papers on the table? Was something said in court like, "I have a letter that says some money is going to be stolen...?"

If there was no cue from the defense attorney's speech, then it appears the deputy had prior knowledge that the letter was in that file - and it's obvious that the letter was not on top of the file, but buried under several other pages.

He could have seen it while inspecting the attorney's brief case upon entry and then made his move to get the letter while she was distracted speaking to the judge. Either way, what a boob! If there was "evidence" that a crime was truly about to be committed and he even "accidentally" had become aware of it, he must go directly to the judge.

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I don't understand why he walked over there in the first place. And then to start reading something in a defense file.
I wonder if HE needs a defense attorney.

Never mind, I see Pel beat me to it......:D

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I'm not really sure what all went down here. However, the Judge is correct in stating the amount of leeway an officer of the court has. It is obvious that the deputy was not being subversive. He does what he does in plain sight of everyone and doesn't look like he thinks he really did anything wrong. I think there is more to this story than we see in this short clip. :D

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He did what he did in plain sight of everyone EXCEPT the defense attorney. He appears to be purposely doing this on the sly behind her back. At one point after the paper has just been passed to someone else the defense attorney turns around and he kind of makes an "It's okay" gesture but the defense attorney still does not know at this point what is going on.

When the defense attorney finds out it is clear that this is not okay with her nor was it done with her knowledge or permission.

I think it is safe for any of us to say that no officer of any court has any leeway whatsoever to take any documents from any lawyer/attorney's files and make photocopies of them without prior knowledge & permission of the attorney.

If anybody knows anything about Miracopa County Sheriff's Office then this answers a lot about what is going on. MCSO is as about as bad as you can get when it comes to a rogue police force that follows no rules but the ones they make up as they go along.

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And either way... you don't go digging through the defense attorney's files and taking things out of it to make photocopies without prior knowledge & permission.

The link I provided (heat city) contains statements from the officer stating what words he heard in one sentence that prompted him to begin rifling through the defense attorney's files.

Re: For Attorney/Lawyer Types
 

I don't really know what happened with the conversation in the court room because it was hard to hear on these built in speakers on my work computer. However, that deputy should be charged with a crime and fired. Period. While he has the right to check for weapons he NEVER has the right to search in terms of what is written on there. Anything that the attorney has prepared is work product and privileged even if it is a confession that deputy was clearly out of line, he has no right whatsoever to take things out of her file, or even browse it. What he did was compromise the trial (not sure what stage they were in because I couldn't follow the conversation). The proper thing for the judge to do now is dismiss the case.

What a clown.

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Not sure how they do it in Arizona but, in DC I have NEVER had a deputy look in my brief case. They scan it in an airport like security line when I enter the courthouse. In some areas around here attorneys are not even required to go through the security line. A Deputy NEVER has the right to read papers in an attorney's files.

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Amen.

Re: For Attorney/Lawyer Types
 

Indeed... I am as amazed at the nonchalance of the judge as I am at the actions of the deputy.

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Why wouldn't the deputy need a search warrant to compromise the attorney's privacy this way? He thought, according to the article, that the attorney may have been compromised by the mafia... well, I have neighbors' houses that are compromised by illegal drugs and prostitution, but the police say they can't get a search warrant because they don't have evidence (ie they haven't caught them dealing with enough documentation). Yet this deputy can just waltz up to her desk in a courtroom and pull papers out of a closed file because he thinks he saw some words together in a sentence, and the judge is having trouble deciding if he could or couldn't take that paper without her knowledge or consent in a courtroom???????

Baron, is unreasonable search and seizure acceptable in an American court of law? Wouldn't this be termed as such?

Why wasn't the judge, who obviously watched her deputy's actions, faulted for anything, or at least questioned?

Re: For Attorney/Lawyer Types
 

Indeed...

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This happens a lot more than we realize. Not this specific incidence per say, but injustice. Another instance for us to serve our country on jury duty (which most people detest). Not only serving but understanding the laws for that particular case to best help our community.

Re: For Attorney/Lawyer Types
 

Honestly, I am not sure. There is certainly out of bounds but not being an expert in the area of search and seizure law I really don't know how it will play out.

That deputy's job doesn't extend to busting up the mafia, what a lame attempt, he is there for the physical protection of the court. he can't claim, like he tried, that it was in plain sight, He moved stuff to see it. If he entered someone's house by invitation and did that it would be an unreasonable search. They can't turn a radio over and look at the serial number without a search warrant.

His action were way out of bounds.