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IN RE GRAND JURY SUBPOENA (MALTBY)

No. 85-1168.

800 F.2d 981 (1986)

In re GRAND JURY SUBPOENA (MALTBY). UNITED STATES of America, Plaintiff-Appellant, v. John B. LACOSTE, Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 29, 1986.

Attorney(s) appearing for the Case

John Penrose, Asst. U.S. Atty., San Francisco, Cal., for plaintiff-appellant.

Doron Weinberg, San Francisco, Cal., for intervenor-appellee.

Before SNEED, ANDERSON, and POOLE, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

The United States (government) appeals from a district court order quashing part of a grand jury subpoena. At issue is whether certain records belonging to intervenor John B. Lacoste (Lacoste) are protected by the Fifth Amendment privilege against compelled incrimination or by the attorney-client privilege.

I. BACKGROUND

Lacoste was the Chief of Police in Emeryville, California. On the evening of November 15, 1983...

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