Washington-Prosecutors who search defense attorneys while their clients testify before grand juries don’t violate the attorneys’ right to practice their profession, the U.S. Supreme Court has held. But they don’t necessarily have a green light to go forth and search with impunity.
In Conn v. Gabbert, No. 97-1802, the justices on April 5 reversed a ruling by the U.S. Court of Appeals for the 9th Circuit. The circuit court had held that two prosecutors who had Paul Gabbert, of Santa Monica, Calif., searched while his client was before a grand jury violated his 14th Amendment right to practice law because he was unable to advise her when she left the grand jury in search of him.
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