Evidence,
Ethics/Professional Responsibility
Dec. 10, 2025
Why prosecutorial filter teams aren't allowed under California law for reviewing seized documents
See more on Why prosecutorial filter teams aren't allowed under California law for reviewing seized documentsWhile common in federal investigations, "taint teams" have no footing in California law -- and the governing statutes, cases and ethical rules suggest they have no place in it either.
Benjamin N. Gluck
Attorney
Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow PC
Phone: (310) 201-2100
Email: bgluck@birdmarella.com
The use of "taint teams" or "filter teams" -- groups of prosecutors or investigators assigned to review seized materials for privileged content before passing non-privileged materials to the prosecution team -- is a common, albeit often criticized practice in federal investigations. However, under California law there appears to be no authority that permits their use, and, as this article will show, authority suggests they are not permitted. California's statutory and case ...
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