Study Questions on Handling Physical Evidence

Consider the following scenarios. In each a defendant in a robbery case tells his lawyer that he threw away the victim's wallet in his (that is, the defendant's) trash can.

1. The lawyer removes the wallet from the trash can and puts it in a trash can far removed from the defendant's house. Has the lawyer obstructed justice? The Model Rules of Professional Conduct? If the police subsequently find the wallet, with the lawyer's fingerprints on it, can the lawyer be forced to testify concerning what he did to it or would that violate the attorney-client privilege? How about forcing him to testify about his client's conversations with him concerning the wallet?

2. The lawyer removes the wallet from the trash can and holds on to it in his office without telling the prosecution. Has the lawyer obstructed justice? The Model Rules of Professional Conduct? If the prosecution discovers that the lawyer has the wallet, can the lawyer be forced to turn it over to them or would that mean violating the attorney-client privilege? If he can be forced to turn it over, can the prosecution introduce as evidence at trial the fact that the wallet originally was found in the defendant's trash can? How about the fact that the prosecution got the wallet from the defendant's lawyer?

3. The lawyer removes the wallet from the trash can and examines it for evidence favorable to his client. He finds nothing. He then gives it to the police anonymously with a note attached that says that it is the victim's wallet. Has the lawyer obstructed justice? If the police discover the lawyer's fingerprints on the wallet, may the prosecution force the lawyer to testify where he discovered it, or would that violate the attorney-client privilege?

4. The lawyer removes the wallet from the trash can and examines it for evidence favorable to his client. He finds nothing. He then gives it to the police, telling them that he got it from the defendant's trash can. May the prosecution introduce as evidence the fact that the wallet came from the defendant's trash can? May it introduce the fact that the lawyer gave the wallet to the police? Has the lawyer made the police's job neither harder nor easier in this scenario?

5. The lawyer looks at the wallet in the trash can without touching it, to see if he can find any evidence favorable to his client. He doesn't, so he leaves the wallet in the trash can without telling the prosecution. Has the lawyer obstructed justice? The Model Rules of Professional Conduct? If the prosecution has probable cause to believe that the lawyer knows where the wallet is, may it compel the lawyer to say so?