Gordon

Gordon v. Superior Court of L.A. Cty.

Good Law
1997 Cal. App. LEXIS 521·55 Cal. App. 2d 1546·55 Cal. App. 4th 1546·65 Cal. Rptr. 2d 53·97 Daily Journal DAR 8316
Court of Appeal of CaliforniaJune 26, 1997B109127California4,960 words

Opinion

Opinion

Vogel, J.

When a warrant is sought for the search of the office of a lawyer who is not the target of a criminal investigation, a special master must be appointed to accompany the person who serves the warrant. At the scene of the search, the special master must tell the attorney what he is looking for, and advise the attorney of his right to voluntarily relinquish the items requested. If the attorney declines, the special master then conducts the search within the areas permitted by the warrant, and seizes the authorized items. If the attorney tells the special master that a seized item should not be disclosed, that item must be sealed by the special master “and taken to court for a hearing.” (Pen. Code, § 1524, subd. (c).) The hearing, at which the attorney is entitled to raise any claim of privilege and to request the return of the property, “shall be held in the superior court. The court shall provide sufficient time for the parties to obtain counsel and make any motions or present any evidence. The hearing shall be held within three days of the service of the warrant unless the court makes a finding that the expedited hearing is impracticable. In that case the matter shall be…

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