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Name: People ex rel. Lockyer Superior Court (Pfingst)
Case #: D035689
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 08/29/2000
Subsequent History: None
Summary

In this investigation of San Diego District Attorney Loganbach conducted before any charges were filed against him, the Court of Appeal held that Loganbach had no legitimate expectation of privacy with respect to his actions as a public servant, and has no standing to claim any privileges or work product protection in any materials he generated as a deputy district attorney. He is also not entitled to claim work product protection based on self-representation in this case. He is not entitled to the protections of special master proceedings provided for in Penal Code section 1524, subdivision (c). The San Diego District Attorney, however, is the privilege holder with regard to material seized from the D.A.’s office, except as to those items the court identified as being protected by the attorney-client relationship between Lasry and Loganbach. As a result, Loganbach has no standing to claim any privilege with regard to other materials taken from that public office.