PREVENTIVE MEDICINE ASSOCIATES, INC. v. COMMONWEALTH

No. SJC-11252.

465 Mass. 810 (2013)

PREVENTIVE MEDICINE ASSOCIATES, INC., & another v. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

July 15, 2013.


Attorney(s) appearing for the Case

Timothy E. Maguire for the plaintiffs.

Thomas E. Bocian , Assistant Attorney General, for the Commonwealth.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.


BOTSFORD, J.

This case concerns the search by the Commonwealth of electronic mail messages (e-mails) of a criminal defendant after he has been indicted. Because the e-mails sought by the Commonwealth are intermingled with many other e-mails that are likely to be protected by the attorney-client privilege, the case concerns more particularly the intersection between search and seizure law and that privilege.

The issue arises in the following context. On behalf...

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