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Sean "Diddy" Combs has requested that a Manhattan federal judge hold a special hearing and consider dismissing his sex-trafficking indictment after his allegedly privileged, handwritten notes were photographed during a prison sweep and later used by prosecutors in his case. Combs’ legal team argued that staff at the Metropolitan Detention Center (MDC) violated his rights by photographing his notes, which were then sent to prosecutors who used the information to oppose his bail.

In a memorandum filed on Wednesday, Combs’ attorneys asked U.S. District Judge Arun Subramanian to halt the use of the notes, disqualify any prosecutors who had seen them, and end the government's monitoring of Combs while he awaits trial on charges related to widespread sexual abuse. The defense argued that the search, conducted from October 28 to November 1, was a pretext to gather information that could harm Combs’ defense. They described the actions as a “blatant violation” of his rights.

At a Nov. 19 hearing, Judge Subramanian instructed prosecutors to temporarily delete the photographs of the notes while the court determines whether any of the material is privileged. The notes in question reportedly contain private conversations between Combs and his attorneys, as well as his legal outlines for future discussions.

Combs claims that an unnamed investigator, during a sweep aimed at finding contraband, intentionally targeted him, knowing that his notes could provide valuable insight for the prosecution. The investigator reportedly found a folder, an address book, and several legal pads containing the notes. Instead of following the agreed-upon procedure for handling potentially privileged materials, the prosecution was allowed access to most of the documents, Combs contends.

The defense further argued that the sweep’s purported purpose—to search for contraband—was a false pretext, as the notes were not seized but only photographed. Combs insists that the search was intended to give prosecutors an advantage in his case, pointing to the fact that the material was used in a Nov. 15 filing to oppose his bail motion, which was ultimately denied.

Combs' legal team is now asking the court to ensure that the notes are not used in the prosecution's case and to reconsider the denial of bail. The case, USA v. Combs, is ongoing in the U.S. District Court for the Southern District of New York.

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