CASE LAW UPDATE: Whether defendant’s marital privilege was not violated?
Defendant was convicted of drug charges. She appealed. On appeal, she contended that her marital privilege was violated by disclosure of communications. The Eighth Circuit Court of Appeals held there was no violation in the admission of text messages since defendant: (1) failed to show a valid marriage; and (2) she waived any privilege when she consented to a search of her phone. Affirmed.
United States v. Hernandez, 20-1343, Colloton, J. Appealed from the United States District Court, District of Iowa.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.