Originally Posted by MSY-MSP
I did get a portion of a file from an oponent using this line of questioning. The BP sent to me had SSSS on it, so I knew the bag had been opened, they claimed priviledge, but TSA is not law enforcement. They had to turn it over because of the judge indicated that because the search was held in an open area where anyone could see the documents the attorney in question had failed to try and keep the priviledge. The judge indicated had he simply requested a private screening that would most likely be enough, and he suggested to all that we have form to be signed as well.
I had no idea that a security screening could waive privilege like that. Doesn't seem right.
Out of curiosity, what is on that form you mentioned? The only two problems I can think of that some employees might have in signing it would be a). obligating the government when they are not authorized to do so, and b). disclosure of their own personal information.