Hypothetical question(s): If a notebook or legal pad that is confiscated as evidence in a prison cell search contains both evidence of a crime & legal strategies - which takes priority? Is it/should it be possible to evade discovery by simply placing legal strategy on the top page (or first few pages) to give the appearance of legitimacy (my mind goes to the scene in Goodfellas where Henry Hill explains that when the FBI had a wire-tap on a landline they had specific rules you could dance around) and using that mask to hide their (illegal) acts? In the case where an item like a notebook or legal pad is collected as evidence: 1) How is that information given to prosecutors? - the complete pad or notebook?, Photocopies of the pages? 2) Keeping the item intact is necessary to preserve the item (you cannot tear out some pages to hand over to prosecutors). Finally - A reasoning for handing the entire item to prosecutors could be a suspicion that this was not simply a mistake by the defendant, but could be upon the advice of this counsel to aid in his ability to operate outside of the law - which would make it evidence of not only any crimes documented within the pages, but also the pages themselves of how his attorneys operate. However a criminal attorney would never violate the law or professional ethics for shallow things like fame, money & the thanks of a wealthy client of course. Of Course.
Hypothetical question(s): If a notebook or legal pad that is confiscated as evidence in a prison cell search contains both evidence of a crime & legal strategies - which takes priority? Is it/should it be possible to evade discovery by simply placing legal strategy on the top page (or first few pages) to give the appearance of legitimacy (my mind goes to the scene in Goodfellas where Henry Hill explains that when the FBI had a wire-tap on a landline they had specific rules you could dance around) and using that mask to hide their (illegal) acts? In the case where an item like a notebook or legal pad is collected as evidence: 1) How is that information given to prosecutors? - the complete pad or notebook?, Photocopies of the pages? 2) Keeping the item intact is necessary to preserve the item (you cannot tear out some pages to hand over to prosecutors). Finally - A reasoning for handing the entire item to prosecutors could be a suspicion that this was not simply a mistake by the defendant, but could be upon the advice of this counsel to aid in his ability to operate outside of the law - which would make it evidence of not only any crimes documented within the pages, but also the pages themselves of how his attorneys operate. However a criminal attorney would never violate the law or professional ethics for shallow things like fame, money & the thanks of a wealthy client of course. Of Course.
He's got trump to pardon him