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Court Says Search of Tax Preparer’s Office was Illegal

December 15th, 2009 · No Comments

From the L.A. Times:

The Colorado Supreme Court ruled Monday that a prosecutor improperly searched thousands of files in a tax preparer’s office while looking for illegal immigrants who had committed identity theft.

In a 4-3 decision, the court termed the search a violation of privacy and upheld a lower court’s order to throw out evidence against a defendant who had sued.

“A taxpayer has a reasonable expectation of privacy in his or her tax returns and return information, even when that information is in the custody of a tax preparer,” Justice Michael L. Bender wrote in the court’s opinion.

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