Diddy’s Lawyers Say Jail Cell Sweep Violated His Rights: ‘Outrageous Government Conduct’

Attorneys for Sean “Diddy” Combs are firing back at allegations that he’s obstructing his sex trafficking case from behind bars, claiming prosecutors improperly searched his cell and violated his right to attorney-client privilege.

Days after the government claimed Combs was seeking to “subvert the integrity” of the case by contacting witnesses, his lawyers said it was the prosecution that had made serious missteps – including by seizing “notes to his lawyers” about potential trial strategies.

“This search and seizure are in violation of Mr. Combs’ [constitutional] rights,” writes Diddy’s lead attorney Marc Agnifilo. “The targeted seizure of a pre-trial detainee’s work product and privileged materials – created in preparation for trial – is outrageous government conduct amounting to a substantive due process violation.”

In the filing, Diddy’s attorneys ask Judge Arun Subramanian to hold an immediate hearing to investigate the search and seizures, saying they want to ask key questions about how the process unfolded.

“Who authorized a search of Mr. Combs’ sleeping area, personal effects and paperwork?” Agnifilo writes. “Who made the decision to not tell Mr. Combs’ counsel that the U.S. Attorney was in possession of his notes, including ‘possibly privileged materials’ until after the government put them in a filing to keep him incarcerated?”

Combs, also known as Puff Daddy and P. Diddy, was once one of the most powerful men in the music industry. But in September, he was indicted by federal prosecutors on charges of racketeering and sex trafficking over what they say was a sprawling criminal operation aimed at satisfying his need for “sexual gratification.” If convicted on all the charges, he faces a potential sentence of life in prison.

On Friday, prosecutors leveled serious new allegations. Responding to Combs’ latest effort to be released on bail, they said such an action would still pose a grave risk of obstruction of justice; in the process, they accused Diddy of trying to reach out to witnesses, leak favorable materials, and orchestrate “social media campaigns” to influence public opinion and taint the jury pool.

“Defendant has continued to engage in a relentless course of obstructive conduct designed to subvert the integrity of these proceedings,” the prosecution wrote in the filing.

In the filing, prosecutors noted that some of their evidence came in the form of notes recovered from Diddy’s cell during what they called “a pre-planned nationwide sweep of BOP facilities.” The sweep turned up “possibly privileged materials,” but prosecutors said the evidence had been screened by a so-called filter team to avoid any improper material.

Attorney–client privilege exists to protect the right of an accused person to secure an effective defense from their lawyers. It’s designed to allow a defendant to be honest with their legal team, without needing to worry that such material might later be used against them.

In Monday’s response, Combs’ lawyers said some of the materials taken from his cell were “absolutely privileged” and should not have been handed over to the government lawyers who are barred from seeing them. They included “privileged notes to his lawyers concerning defense witnesses and defense strategies.”

“This is a matter of grave concern that, most respectfully, must be addressed immediately,” Agnifilo writes. “Because the U.S. Attorney, and it seems the trial prosecutors, are currently in possession of privileged materials we request a full evidentiary hearing as soon as the Court can accommodate us.”