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PEOPLE v. SHRIER

No. B218424.

190 Cal.App.4th 400 (2010)

118 Cal. Rptr. 3d 233

THE PEOPLE, Plaintiff and Appellant, v. PETER R. SHRIER et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Six.

November 23, 2010.

Attorney(s) appearing for the Case

Edmund G. Brown, Jr. , Attorney General, James M. Humes , Chief Deputy Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Mark Geiger , Assistant Attorney General, Susan Melton Bartholomew and David Haxton , Deputy Attorneys General, for Plaintiff and Appellant.

Alexander W. Kirkpatrick for Defendant and Respondent Peter R. Shrier.

Michael D. Nasatir for Defendant and Respondent Arkady Rozenberg.

Vicki I. Podberesky for Defendant and Respondent Ella Rozenberg.

Alan S. Yockelson and Todd L. Melnik for Defendant and Respondent Gersha Gravich.

Kestenbaum, Eisner & Gorin, Dmitry Gorin ; and Dennis A. Fischer for Defendant and Respondent Anna Gravich.

OPINION

YEGAN, Acting P. J.—

What is the appropriate judicial remedy for interference with the right to counsel by law enforcement agents who intentionally eavesdrop on attorney-client privileged communications? A magistrate ordered outright dismissal of the criminal case. This surely would have a deterrent effect upon law enforcement agents. We balance the competing rights at stake...

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