Can a prosecutor and her investigator eavesdrop on privileged attorney-client communications in the courtroom?

Neither the cases cited by Multani, nor his argument, compels a contrary conclusion. This includes Morrow v. Superior Court (1994) 30 Cal.App.4th 1255. Morrow held the conduct of a prosecutor and her investigator violated federal and state constitutional protections, including the right to due process and the Sixth Amendment right to counsel. (Id. at p. 1259.) Unlike in this case, however, in Morrow, the prosecutor orchestrated eavesdropping upon privileged attorney-client communications in the courtroom, and acquired confidential information, by telling her investigator to sit next to a holding cell and listen to the conversation between defense counsel and the defendant. (Id. at pp. 1255, 1259, 1261.) The circumstances are far from analogous.

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