AB 444 — Sets forth certain requirements relating to the search and seizure of the property of an attorney. (BDR 14-1072)

A.B.Assembly Bill No.

444444–Assemblyman AOhrenschall SSEMBLYCHAPTER.......... B ILLN O.

444–ASSEMBLYMAN OHRENSCHALL M ARCH 27, 2017 ____________ Referred to Committee on Judiciary SUMMARY—Sets forth certain requirements relating to the search and seizure of the property of an attorney.

(BDR 14-1072) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

(NRS 179.025, 179.035) Section 3 of this bill sets seizeforth additional grounds upon which a search warrant may be issued to search and warrant to be executed in a manner that minimizes the propertyscrutiny of anthe attorney.property thatch is subject to the attorney-client privilege;

Section 4 of this bill:

(1) requires such a search warrant to be executed in a manner that minimizes the scrutiny of the property that is subject to the attorney-client privilege;

Section 5 of this bill requires a districtsearch attorneyconducted orpursuant the Attorney General to ensuresuch that any property seized during a whethersearch thewarrant attorney-clientis: privilege applies;

(1) reviewed to determineing a whether the attorney-client privilege applies;

-EXPLANATION *AB444* – 2Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

and (d) The search warrant includes a statement indicating that it is the intention of the district attorney or the Attorney General that - 79th Session (2017) – 2 – the search warrant is executed in a manner to ensure that an attorney-client privilege is not violated.

In determining whether a subpoena or other less intrusive means can be used to obtain the property to be seized pursuant to the search warrant, the magistrate shall consider whether the use of a subpoena or other less intrusive means of obtaining thethee use property would likely:

A search warrant authorized pursuant to section 3 of this act must be executed in such a manner as to minimize, to the greatest extent possible, the scrutiny of any property that is subject to the attorney-client privilege.

- *AB444* – 3 – (b) The attorneys designated to the team described in paragraph (a) do not participate in the search itself;

and (c) The team of officers and attorneys described in paragraph (a) do not disclose any privileged information obtained through the search to the officers and attorneys who are part of the underlyingundSec. criminal investigation or prosecution.

Sec.

AcrA district attorney or the Attorney General shall ensure that any property seized during a search conducted under a search warrant issued pursuant to section 3 of this act is reviewed to determine whether the attorney-client privilege applies and that any seized property that is subject to the attorney-client privilege is returned as provided in NRS 179.105 to the attorney from whom the property was seized.

If it appears that the property taken is not the same as that described in the warrant, [or] - 79th Session (2017) – 3 – that there is no probable cause for believing the existence of the grounds on which the warrant was issued [,] or that the property is determined pursuant to section 5 of this act to be subject to thetheis attorney-client privilege, the magistrate shall cause it to be restored to the person from whom it was taken.

However, no search warrant shall be quashed by any magistrate or judge within this State nor shall any evidence based upon a search warrant be suppressed in any criminal action or proceeding because of mere technical irregularities which do not affect the substantial rights of the accused.

H~~~~~ 17 - *AB444*79th Session (2017)