In re a Grand Jury Investigation

The Commonwealth moved for judicial approval of a grand jury subpoena compelling a law firm representing John Doe, who was the target of a grand jury investigation, to produce a telephone Doe transferred to the law firm in connection with its provision of legal services to him. The Commonwealth asserted that the telephone was transferred from Doe to the law firm to obtain legal advice and that it contained evidence, particularly in its record of text messages, of the crime under investigation by the grand jury. A single justice of the Supreme Judicial Court approved the issuance of the subpoena on the basis that the Commonwealth had, through an ex parte proceeding, established probable cause sufficient to justify a search under the Fourth Amendment. The Supreme Judicial Court reversed, holding that the attorney-client privilege protected Doe against compelled production of the telephone by the law firm and that the privilege may not be set aside based on a showing of probable cause. View "In re a Grand Jury Investigation" on Justia Law