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by tptacek
1126 days ago
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Most attorney-client privilege laws explicitly exempt any communications that can't be expected to be private, which would presumably include the exterior envelope of a piece of mail, which is effectively a postcard (the archetypical not-private communication). The other problem you'd have here is that you can't generally enforce the privilege, beyond excluding evidence in a trial. |
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The evidence can't be submitted in a trial, but that's pretty much the only thing that can't be done with it--you can use it to obtain other evidence. In theory that evidence would also be excluded as "fruit of the poisonous tree", but in reality and violation of the constitution and basic human rights, law enforcement frequently uses parallel construction--showing an alternate path by which the evidence might plausibly have been obtained--to get evidence in front of jurors which they could not have obtained without violating the constitution they supposedly uphold.
[1] https://en.wikipedia.org/wiki/Parallel_construction