United States v. Under Seal, No. 19-1730 (4th Cir. 2019)Annotate this Case
A law firm challenged the government's use of a "Filter Team" — created ex parte by a magistrate judge in the District of Maryland and comprised of federal agents and prosecutors — to inspect privileged attorney-client materials. The district court denied the law firm's request to enjoin the Filter Team's review of seized materials.
The Fourth Circuit held that the use of the Filter Team was improper because the Team's creation inappropriately assigned judicial functions to the executive branch, the Team was approved in ex parte proceedings prior to the search and seizures, and the use of the Team contravened foundational principles that protect attorney-client relationships. Therefore, the court held that injunctive relief was warranted and the district court abused its discretion by failing to enjoin the Filter Team's review of the materials. The court reversed and remanded for further proceedings.