Another search question...

[harley27]

Does attorney-client priviledge extend to items that are, in themselves, illegal or contraband? ie the subject is currently being charged with drug posession, but he is fighting it in the basis that the substance siezed was not drugs. His attorney says; "Do you have any more at home? Bring it to me and I'll have it analysed." On his way to the lawyer's office he is pulled over again and the folder labelled attorney-client is opened and the substance is found.

Or what of a murder suspect who is discussing his defense strategy with his lawyer... His strategy is that the gun malfunctioned. The lawyer want to have the gun examined, and the suspect is pulled over taking the gun to the lawyer's officer. As the gun itself is evidence in the crime but is being used as evidence for the defense, can the gun itself be covered by attorney-client priviledge?

Finally - Can the prosecution (in a criminal trial) get Discovery from the defense? Or does the defense have some 5th amendment right to withhold it... Bearing in mind the difference between testimonial and non-testimonial evidence types... ie can the defendant be ordered to reveal the location of hidden evidence?

No the contraband is not protected. The defense should have to get permission from the court to analyze the drugs or test the gun with their expert. The state gets the first chance at analyzing/testing drugs and guns and then the defense can have their own test done with permission from the court when the state is done testing.