Diddy demands new hearing to investigate 'outrageous government conduct' after jail search

Sean "Diddy" Combs is headed to court for a hearing after his lawyers objected to materials being seized from his jail cell.

Attorneys for the embattled music mogul on Monday asked a judge to schedule an immediate evidentiary hearing as they said prosecutors are in possession of his "privileged notes to his lawyers concerning defense witnesses and defense strategies," per a filing obtained by USA TODAY. They slammed this as "outrageous government conduct."

A hearing is scheduled for Tuesday at 3 p.m. ET.

Prosecutors argued in a Friday filing that Combs' latest bail request should be denied because he's allegedly attempting to obstruct the case with "social media campaigns that are, in his own words, aimed at tainting the jury pool."

The filing included redacted notes, found by Bureau of Prisons investigators during a jail sweep, which prosecutors alleged are evidence Combs paid a witness to post in support of him on Instagram.

On Monday, Combs' attorneys said they did not learn until Friday that his notes were taken from his jail cell, after which they were allegedly given to the U.S. Attorney's Office and then to trial prosecutors. The rapper's legal team claims prosecutors "used this material in a filing to keep Mr. Combs detained."

Combs' attorneys described the "targeted seizure" as a "due process violation" and asked Judge Arun Subramanian to schedule an evidentiary hearing, through which the government can answer questions about how the search was conducted and what materials were obtained.

Combs is currently incarcerated at the Metropolitan Detention Center in Brooklyn, New York, after he was arrested in September on allegations of racketeering, sex trafficking and transportation to engage in prostitution. He has pleaded not guilty.

Earlier this month, Combs' legal team filed another bid — their fourth attempt overall — for the hip-hop mogul to be freed from jail by proposing what they called "an extremely substantial, comprehensive bail package." Combs' previous attempts to be released from jail on bond have been denied by multiple judges.

US government says Sean 'Diddy' Combs was not targeted in jail search

In a letter filed to Subramanian on Monday, the United States Attorney's Office pushed back against Combs' request for an evidentiary hearing.

The government said investigators' search of the Metropolitan Detention Center, including Combs' cell, was part of a "larger safety and security initiative" at the facility scheduled before Combs' September arrest.

Regarding the alleged seizure of Combs' "privileged notes," prosecutors said a Bureau of Prisons investigator searched Combs' cell after interviewing him and other inmates "about potential corruption and contraband" at the jail. The following items were found in Combs' bunk: a manila folder marked "legal," a notebook, an address book and "personal effects."

While the BOP investigator took photographs of the notebook and address book, these items were not removed from Combs' bunk, the government claims in the letter. The investigator then submitted the photographs to a "filter team," which approved making some photos available to prosecutors.

Further, the government asserts that these photos are not considered "privileged" materials in Combs' legal defense, as they show Combs' "wide-ranging notes to himself, including notes related to the defendant's business interests, his release of music, and family matters, among other things."

Prosecutors concluded that an evidentiary hearing on the jail search was "not required or appropriate under the law."

Sean 'Diddy' Combs again requests release from jail

In a Nov. 8 filing, Combs' attorneys added more conditions to their previous bond proposals to argue he is not a flight risk. They also denied he's a danger to society by suggesting the government's evidence of his alleged crimes do not hold as much "weight" as they've suggested.

Combs' team also argued his detention "makes trial preparation impossible" due to his inconsistent access to his legal counsel and evidence being presented against him.

Similar to Combs' prior bail proposals, the renewed motion offers a $50 million bond secured by the equity in Combs and his mother's Florida homes, implementation of a 24/7 monitoring service by approved security personnel, no internet or phone access for Combs outside of meetings with legal counsel, a pre-approved visitor list consisting of select family members and surrendered passports belonging to the rapper and his family.

The bid also mentioned Combs being willing to participate in "full home detention" at either his $48 million Miami home "or at a suitable location in New York." His family visits would be monitored by his assigned security, and Combs would be subject to "testing for a prohibited substance" as needed.

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This story was updated to add new information.

Contributing: Edward Segarra, Jay Stahl and KiMi Robinson, USA TODAY; Reuters

This article originally appeared on USA TODAY: Sean 'Diddy' Combs seeks new hearing after jail cell search