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Monitoring Inmate-Attorney Communications: Sixth Amendment Implications (CRS Report for Congress)

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Release Date Nov. 27, 2001
Report Number RS21077
Report Type Report
Authors T.J. Halstead, American Law Division
Source Agency Congressional Research Service
Summary:

Citing the need to ensure that individuals in federal custody are not able to facilitate acts of terrorism through conversations with an attorney, the Department of Justice's Bureau of Prisons instituted an interim rule on October 30, 2001, authorizing the monitoring of attorney-client communications when the Attorney General determines that reasonable suspicion exists to believe that such communications might facilitate acts of violence or terrorism. Such monitoring could include taping and electronic surveillance. This report provides an overview of the provisions of the interim rule, as well as a brief synopsis of Sixth Amendment implications regarding intentional intrusion into the attorney-client relationship.