Does attorney client privilege apply to conversations in the visiting room where a guard is nearby?

California, United States of America


The following excerpt is from People v. Highley, 2d Crim. No. B296129 (Cal. App. 2020):

175, 214-215 [defendant had no reasonable expectation of privacy in jail visiting room conversation with his wife where he spoke loudly while a guard was nearby]; compare People v. Urbano (2005) 128 Cal.App.4th 396, 403 [attorney-client privilege did not apply to conversation the defendant had with his attorney while sitting next to him in the jury box when court was not in session and spoke loudly enough to be overheard by another individual sitting in the back row of the courtroom].) Although appellant notes that the communication took place in his residence rather than a public place, the circumstances and manner in which that conversation was conducted indicate he had no reasonable expectation of privacy in that communication.

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