In re Search Warrant Issued June 13, 2019

Holding, Findings, and Matters of Law

The district court erred in denying the law firm's motion seeking to enjoin the government's use of a filter team comprised of federal agents and prosecutors to inspect privileged attorney-client materials that were seized from the firm during the execution of a search warrant issued by a magistrate judge because the use of the team was improper as the team's creation inappropriately assigned judicial functions to the executive branch, the team was approved in ex parte proceedings prior to the search and seizures, and the use of the team contravened foundational principles that protected attorney-client relationships; the magistrate judge (or an appointed special master)—rather than the team—had to perform the privilege review of the seized materials.