Special Master for Search Warrants

[Chewy65]

Does anyone have experience working with PC 1524 "Special Masters"? If so I would like to PM you about the program.

[1911su16b870]

Are they something LE would go to if there is no access to a judge?

CA PC 1524 (d) (1) As used in this section, a “special master” is an attorney who is a member in good standing of the California State Bar and who has been selected from a list of qualified attorneys that is maintained by the State Bar particularly for the purposes of conducting the searches described in this section. These attorneys shall serve without compensation. A special master shall be considered a public employee, and the governmental entity that caused the search warrant to be issued shall be considered the employer of the special master and the applicable public entity, for purposes of Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, relating to claims and actions against public entities and public employees. In selecting the special master, the court shall make every reasonable effort to ensure that the person selected has no relationship with any of the parties involved in the pending matter. Information obtained by the special master shall be confidential and may not be divulged except in direct response to inquiry by the court.

[RickD427]

Does anyone have experience working with PC 1524 "Special Masters"? If so I would like to PM you about the program.

Chewy,

"Special Master" isn't really a "program." A special master is a court appointee to assist in the service of a search warrant where there is material likely to be subject to a claim of privilege.

Rather than risk the legal compromise of the evidence gained from a search warrant, the investigator will normally request the judge authorizing the search to appoint a special master at the time the warrant is issued. They're most commonly used when searching law offices in cases where it appears the attorney has "crossed the line" of representation and is actively participating in the client's criminal enterprise.

When the warrant is served, the special master takes custody of any material where the potential claim of privilege appears to apply. That allows the parties to litigate the claim of privilege in court, and to receive a ruling, before the investigator becomes privy to the content of the material.

[RickD427]

Are they something LE would go to if there is no access to a judge?

No. In fact the LEO has to go to a judge in order to get the warrant where the special master will assist as described in my previous posting.

[Chewy65]

No. The special master doesn't issue a warrant, which is done by the court. In certain situations the court appoints a special master to accompany LE in order to preserve certain rights of confidentiality so that the court can later rule on the issue. See Gordon v Sup Court where a warrant was served on an attorney. I should have figured that RickD would know all about this.

[1911su16b870]

Chewy,

"Special Master" isn't really a "program." A special master is a court appointee to assist in the service of a search warrant where there is material likely to be subject to a claim of privilege.

Rather than risk the legal compromise of the evidence gained from a search warrant, the investigator will normally request the judge authorizing the search to appoint a special master at the time the warrant is issued. They're most commonly used when searching law offices in cases where it appears the attorney has "crossed the line" of representation and is actively participating in the client's criminal enterprise.

When the warrant is served, the special master takes custody of any material where the potential claim of privilege appears to apply. That allows the parties to litigate the claim of privilege in court, and to receive a ruling, before the investigator becomes privy to the content of the material.

Thanks Rick!

[RickD427]

Here's a good example of a case where there is going to be a special master:

http://www.latimes.com/local/lanow/la-me-ln-suge-knight-attorney-20180125-story.html

[Chewy65]

I had seen that article earlier and thought a special master would be involved.

I don't know how things were done, but someone I represented as a plaintiff in a civil case used to work for something akin to CA state police, which may not be CHP, before joining FBI. Anyway, his regular assignment involved searching attorney and physician offices for evidence of medical fraud. He was a good guy just beginning his career. Let me know if you want to hear how we messed with the high priced white shoes lawyer representing the other side of his securities fraud case. That was the civil matter in which I represented his family and a few others.

As for escaping California, we have been planning on just that when my wife retires in another year.

[Ubermcoupe]

...used to work for something akin to CA state police, which may not be CHP, before joining FBI. ...

In fact, CA used to have a state police agency that was later disbanded with many of the state police functions absorbed by the CHP.

[CBR_rider]

I don't know how things were done, but someone I represented as a plaintiff in a civil case used to work for something akin to CA state police, which may not be CHP, before joining FBI. Anyway, his regular assignment involved searching attorney and physician offices for evidence of medical fraud. He was a good guy just beginning his career. Let me know if you want to hear how we messed with the high priced white shoes lawyer representing the other side of his securities fraud case. That was the civil matter in which I represented his family and a few others.

[Chewy65]

This was a tall thin young cop dressed nicely to be deposed as a plaintiff in a securities fraud suit. As we were going into the building owned by the defense firm that specialized in representing the Merrill Lynches of the world, he realized he still had his Glock in his Bianci shoulder holster and wanted to go back to the car to stow it. I told him to leave it on.

I had some experience with this outfit and the games they would play. Sure enough they tried to place us at the huge conference table so that the sun would soon be in our eyes. We immediately took our seats with our backs to the windows. This is in a high rise on Ocean Boulevard in Long Beach. After a while a gets a little warm and just as the attorney taking the deposition approaches the critical part of her examination, I ask if I might take my coat off. I have my client primed for this and he also asks if he might take his off.

When the attorney for the securities brokerage saw his rig she lost her concentration, as did the rest of her law firm as they could see things through the glass of the main conference table.

I try to have fun with whatever I do. The only sad part was that I got along fine with that attorney, who was a good person, but I didn't know that her sister was a commissioner for the City of Long Beach that had been murdered.

BTW, the registered representative for the brokerage firm ended up with being sentenced to 4 years of which he did 2.5 in CMI. He was just about to get a lighter sentence, but I found time to drop by his sentencing hearing and explained a few things that the ADA had all wrong.

Probably a really boring story but law was really boring.

[CBR_rider]

This was a tall thin young cop dressed nicely to be deposed as a plaintiff in a securities fraud suit. As we were going into the building owned by the defense firm that specialized in representing the Merrill Lynches of the world, he realized he still had his Glock in his Bianci shoulder holster and wanted to go back to the car to stow it. I told him to leave it on.

I had some experience with this outfit and the games they would play. Sure enough they tried to place us at the huge conference table so that the sun would soon be in our eyes. We immediately took our seats with our backs to the windows. This is in a high rise on Ocean Boulevard in Long Beach. After a while a gets a little warm and just as the attorney taking the deposition approaches the critical part of her examination, I ask if I might take my coat off. I have my client primed for this and he also asks if he might take his off.

When the attorney for the securities brokerage saw his rig she lost her concentration, as did the rest of her law firm as they could see things through the glass of the main conference table.

I try to have fun with whatever I do. The only sad part was that I got along fine with that attorney, who was a good person, but I didn't know that her sister was a commissioner for the City of Long Beach that had been murdered.

BTW, the registered representative for the brokerage firm ended up with being sentenced to 4 years of which he did 2.5 in CMI. He was just about to get a lighter sentence, but I found time to drop by his sentencing hearing and explained a few things that the ADA had all wrong.

Probably a really boring story but law was really boring.

I got more chuckles out of reading your short story than probably a usual "days worth" of reading in OT. Thanks for sharing a really informative and humorous story for those who want a peek at "lawyer games." I don't always agree with the "games;" but that is how things are played out in the lawyer realm and too many people don't understand how to play their part.

Side tangent... have you ever watched the Amazon series Goliath?

[Chewy65]

Yeah. The series is kind of far out but fun. I shouldn't have burned so much space on your LEO board as I have. Actually, this is the first thread I ever subscribed to and when I posted today I thought I was responding to a PM. Just goes to show you how out of it at least one attorney can be. I especially don't do well with technology.

[Chewy65]

In fact, CA used to have a state police agency that was later disbanded with many of the state police functions absorbed by the CHP.

Yep. That was his agency. I remember when we went to court he had to check his weapon with the bailiff.

A little side note to that short OT story, after the broker got paroled he became a deacon of his church. Poor baby. One of his victims who I couldn't help had been his public school English teacher and a friend of his parents. She was convinced that he was a good person and would make things right, even after the results of the first case I handled against him made the local paper. I just hope he doesn't run off with the church's treasury.

[CBR_rider]

Yeah. The series is kind of far out but fun. I shouldn't have burned so much space on your LEO board as I have. Actually, this is the first thread I ever subscribed to and when I posted today I thought I was responding to a PM. Just goes to show you how out of it at least one attorney can be. I especially don't do well with technology.

A little side note to that short OT story, after the broker got paroled he became a deacon of his church. Poor baby. One of his victims who I couldn't help had been his public school English teacher and a friend of his parents. She was convinced that he was a good person and would make things right, even after the results of the first case I handled against him made the local paper. I just hope he doesn't run off with the church's treasury.

In Goliath I thought McBride's advice to one of his witnesses prior to the deposition was pretty spot on; I'm not much into lawyer shows but I thought it was entertaining.

I truly believe people can turn their lives around after being convicted of some pretty gnarly stuff in the criminal justice system; but I'm with you... I don't think I would personally be trusting enough to let someone like that handle my church/organization's money so soon after being sent to prison.