Status of files or work premises of lawyer
- inadmissibility of evidence subject to search or seizure
Source:
Section 9.695 — Status of files or work premises of lawyer; inadmissibility of evidence subject to search or seizure, https://www.oregonlegislature.gov/bills_laws/ors/ors009.html.
Notes of Decisions
Although this section prohibits search and seizure of files or work premises of lawyer, it does not proscribe routine fire safety inspections conducted pursuant to narrowly drawn search warrant that provides reasonable notice to lawyers whose offices will be inspected. Parks v. City of Klamath Falls, 82 Or App 576, 728 P2d 934 (1986), Sup Ct review denied
Where there is probable cause to believe lawyer has committed crime, lawyer’s papers and effects lose confidentiality protection even if no probable cause exists to believe papers or effects will yield evidence of crime. State v. Makuch/Riesterer, 185 Or App 298, 59 P3d 536 (2002), aff’d 340 Or 658, 136 P3d 35 (2006)
Evidence obtained in violation of laws of another state may provide probable cause to believe lawyer has committed, is committing or is about to commit crime. State v. Makuch/Riesterer, 185 Or App 298, 59 P3d 536 (2002), aff’d 340 Or 658, 136 P3d 35 (2006)
Client has no constitutionally protected privacy interest in listing of client’s name or home or business address in papers or effects of lawyer. State v. Makuch/Riesterer, 185 Or App 298, 59 P3d 536 (2002), aff’d 340 Or 658, 136 P3d 35 (2006)
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