4th Circ. Ruling Could Upend Gov't Use Of Filter Teams

By Peter Spivack, David Sharfstein, Jennifer Brechbill and Paul Wiley (March 11, 2020, 5:32 PM EDT) -- On Jan. 28, the U.S. Court of Appeals for the Fourth Circuit denied a petition for rehearing en banc of an Oct. 31, 2019, panel opinion that has the potential to cause dramatic changes to one of the government's more frequently used investigative tools: filter teams.[1]

Government's Use of Filter Teams

During the course of an ongoing investigation, the government sometimes seizes physical or electronic evidence or otherwise receives evidence from third parties that has the potential to contain privileged material. In today's investigations, the government often does so without the knowledge of the targets or subjects of the investigation....

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