1995-12-08 - Re: Is there a lawyer in the house?

Header Data

From: Michael Froomkin <froomkin@law.miami.edu>
To: “Timothy C. May” <tcmay@got.net>
Message Hash: 9ba301d6db224603d6a0e5478fa026da4381536aa7d40d7d0c9f3f548f44ea0e
Message ID: <Pine.SUN.3.91.951207204325.27209I-100000@viper.law.miami.edu>
Reply To: <acecb41c02021004f4ed@[205.199.118.202]>
UTC Datetime: 1995-12-08 01:48:04 UTC
Raw Date: Thu, 7 Dec 95 17:48:04 PST

Raw message

From: Michael Froomkin <froomkin@law.miami.edu>
Date: Thu, 7 Dec 95 17:48:04 PST
To: "Timothy C. May" <tcmay@got.net>
Subject: Re: Is there a lawyer in the house?
In-Reply-To: <acecb41c02021004f4ed@[205.199.118.202]>
Message-ID: <Pine.SUN.3.91.951207204325.27209I-100000@viper.law.miami.edu>
MIME-Version: 1.0
Content-Type: text/plain


If Alice gives Bob her key and Bob is not a person with whom Alice has a 
special relationship of trust (e.g. her lawyer), then Alice has no legal 
grounds to complain if Bob *voluntarily* gives Carol, a Cop, Alice's 
key.

If Alice gives Bob her key and Bob is not a person with whom Alice has a 
special relationship of trust (e.g. her lawyer), then Alice has no legal 
grounds to complain if Carol, a Cop, serves Bob with a valid warrant to 
seize Alice's key and in fact does so.  

Furthermore, there are circumstances in some states where even if there 
is a special relationship of trust Bob either may at his discretion or in 
some rarer cases may be forced to divulge the key.  E.g. to prevent a 
crime that is about to be committed likely to involve loss of life.

A. Michael Froomkin        | +1 (305) 284-4285; +1 (305) 284-6506 (fax)
Associate Professor of Law | 
U. Miami School of Law     | froomkin@law.miami.edu
P.O. Box 248087            | http://www.law.miami.edu/~froomkin
Coral Gables, FL 33124 USA | It's warm here.






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