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Legal Opinion

People v. Shrier

California Court of Appeal

Decided November 23, 2010No. B218424PublishedCited by 9 opinions

1Opinion of the Court

*405Opinion

YEGAN, Acting P. J.

What is the appropriate judicial remedy for interference with the right to counsel by law enforcement agents who intentionally eavesdrop on attorney-client privileged communications? A magistrate ordered outright dismissal of the criminal case. This surely would have a deterrent effect upon law enforcement agents. We balance the competing rights at stake and conclude that dismissal is too drastic and would be “judicial overkill.” Exclusion of overheard communications and any derivative evidence flowing therefrom is the appropriate remedy. This should deter…

2Cases cited27 opinions

  1. Cooley v. Superior CourtCalifornia Supreme Court · 2003
  2. People v. Superior CourtCalifornia Supreme Court · 1968
  3. People v. GutierrezCalifornia Supreme Court · 2009
  4. Wilson P. Abraham Construction Corporation v. Armco Steel Corporation, the Ceco Corporation, and Laclede Steel CompanyCourt of Appeals for the Fifth Circuit · 1977
  5. Mitchell v. Superior CourtCalifornia Supreme Court · 1984

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3Cited by9 opinions

  1. People v. UribeCalifornia Court of Appeal · 2011
  2. Doe v. Claremont McKenna Coll., California Court of Appeal, 5th District2018
  3. People v. MurilloCalifornia Court of Appeal · 2015
  4. Doe v. Claremont McKenna CollegeCalifornia Court of Appeal · 2018
  5. James Pennington, Jr. v. Flora Community Unit School District No 35District Court, S.D. Illinois · 2023

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