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O'Connor v. Johnson
Minnesota Supreme Court
287 N.W.2d 400 (1979)
David O’Connor (plaintiff) was an attorney who represented the owners of Patrick’s Lounge. The owners were suspected of filing falsified liquor-license applications. Police were informed that the owners’ records were at O’Connor’s law office and obtained a warrant to search the law office for the records. When police attempted to execute the warrant, O’Connor refused to let them enter his office but informed them that the records were contained in a box and in his work-product file. O’Connor and the officers went to the chambers of Judge Johnson (defendant), where O’Connor moved to quash the warrant. Johnson allowed O’Connor to keep his work-product file but ordered him to leave the box of records with the court. Later, Johnson ordered O’Connor to turn the box over to the police department and ordered a representative of the county attorney’s office to review O’Connor’s work-product file and turn over all documents that were not privileged to the police department. O’Connor petitioned the Minnesota Supreme Court for a writ of prohibition to quash the search warrant, and Johnson amended his order so that the court, rather than the county attorney’s office, would perform the privilege review.
Rule of Law
Holding and Reasoning (Wahl, J.)
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