LAW 680 Lecture 18: Prof Kordik - Class 18
Document Summary
Note: are some jurisdictions that state that if you have reasonable belief that your client will destroy evidence, then you have an obligation to take it. Is privileged information don"t have to tell prosecutor what client told you; only the physical evidence is unprotected by privilege; what client told you may be privileged however if was communicated to you in confidence. Prosecutor has the gun, what can prosecutor tell the jury or court how they got the gun the source of the evidence: would be different if prosecutor found it on their own. Is privileged communication privilege prevents you from voluntarily telling the authorities. If you leave evidence where it is then location should remain privileged: you are not unlawfully obstructing prosecution from finding the evidence. If they were taken under your direction, then may fall under work product doctrine: if atty takes photo atty can destroy photos.