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.
And what happens if they refuse to sign the form but search your bags?
I can't say that I think it's "just" for clients to get screwed like this because their attorneys were subject to an unreasonable search. And I suppose the same argument would thus apply to the clients themselves - if their bags were ever searched while carrying around secret documents, etc.