By now you have certainly heard of Deputy Stoddard's actions when he ruffled through an attorney's privileged file (in court) to pursue what he considered to be a potential crime...a handwritten document. Oh, yea, that's why he is a Deputy, not a detective.
If not, see the video:
Why am I bringing up something that happened in Phoenix? Because it is just as relevant here in Las Vegas when it comes to Marshal's rifling through attorney/client documents. I'll site a local example:
My current associate used to work for a firm that was opposite the offender on this one; they just sat back and watched, thankful that it didn't happen to them. The defendant left her purse checkbook behind, in the Courtroom, because she was taken into custody for contempt (for refusing to make a payment of funds that was 'attached', while she said their was no money). She was jailed. Soon thereafter, the judge called the attorneys back for a session on the record that basically showed the Defendant was a liar, further proving contempt. The Bailiff (today called Marshall) had evidently rummaged through the Defendant's belongings and discovered incriminating evidence in her checkbook showing that she had the money. He, then, gave it to the judge and copied the information, handing it out to all parties. She was left in jail until she turned over the money. Thanks to the Bailiff for this little illegal search.
What does this bring up? What does this mean to Las Vegas? You know we are no different. At what point do we continually look the other way and cover up the actions of those seemingly innocent persons...innocent because they have a position of power. We make excuses for their actions, whether it be a shooting (LVRJ & Attorney Duensing's version), a beating (See HERE), a car wreck (See HERE) or going through papers (video above).
If you really want some insight, go check the following blogs that discuss the tip of the iceberg:
Heat City (10-31-09) - the theft of attorney file by officer
Heat City (11-7-09) - key words that 'made' the officer look
Heat City (11-11-09) - the hearing
Simple Justice - comment
Volokh Conspiracy - comment
Johathan Turley - comment
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2 COMMENTS:
Thanks for post this information! I'm not a hundred percent with the judge decision but I accept it.
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