What is the effect of inadvertently obtaining audio recordings of communications between defendant and his attorney?

California, United States of America


The following excerpt is from People v. Chambers, H040822 (Cal. App. 2018):

Before trial, the district attorney's office inadvertently acquired audio recordings of communications between defendant and his attorney that were part of a collection of jail telephone call recordings provided by the county jail. Defendant moved to recuse the district attorney's office and also moved to dismiss the case. The trial court denied the motions, finding the district attorney's office had taken adequate steps to ensure that the prosecuting deputy would never hear the attorney-client communications. A different panel of this court summarily denied a petition for writ of mandate challenging the trial court's denial of the motion to dismiss. (Chambers v. Superior Court (May 24, 2013, H039672).)

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