Article

Search Warrants Involving Privileged Materials: Are Filter Teams Still the Answer?

Westlaw

11 Apr 2021

Ron White authored an article for Westlaw examining how courts across the United States have policed government filter teams in the wake of a landmark 4th U.S. Circuit Court of Appeals decision criticizing their use.

“Although courts considering the authorization of filter teams since the 4th Circuit’s decision have not followed its reasoning to categorically reject filter teams, they have demonstrated a willingness to enforce procedures to assure that privilege assertions are properly evaluated,” Ron wrote.

“With the state of the law in this area unsettled, prosecutors and defense counsel in investigations involving evidence obtained by search warrant should be prepared to litigate not only the legal propriety of filter teams, but also the filter protocol procedures necessary to protect privilege, and the appropriate remedy for any failure to abide by those procedures.”

Read the full article.

Ron would like to thank associate Victor Lopez for his contribution to this article.

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