Is it a lawyer's professional responsibility to withhold or conceal the instrumentalities of a crime?

California, United States of America


The following excerpt is from People v. Sanchez, 24 Cal.App.4th 1012, 30 Cal.Rptr.2d 111 (Cal. App. 1994):

In People v. Lee (1970) 3 Cal.App.3d 514, 526, 83 Cal.Rptr. 715 8 the court stated it was " 'an abuse of a lawyer's professional responsibility knowingly to take possession of and secrete the instrumentalities of a [24 Cal.App.4th 1019] crime.' " Its discussion made clear the responsibility extended to other physical evidence. (Ibid.) Defense counsel could withhold the physical evidence for a reasonable time to examine it but then " 'should, as an officer of the court, on his own motion turn the same over to the prosecution.' " (Ibid.)

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