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CA8: Due process rights were not violated by former attorney preparing search warrant issued by neutral and detached magistrate

By John Wesley Hall, Jr.

The defendant's due process rights were not violated by the fact that an attorney who had represented him in a child custody matter drafted a search warrant for child porn in his house. There is no showing that, as a result of the attorney's actions, the search warrant would not have issued had another person been involved. A neutral and detached magistrate still issued the warrant. United States v. Summage, 2009 U.S. App. LEXIS 16920 (8th Cir. July 31, 2009): To demonstrate a violation of due process, a defendant must establish that he was actually and substantially prejudiced. United States v. Gladney, 474 F.3d 1027, 1030 (8th Cir. 2007). Summage has failed to establish, or even allege, that he was prejudiced by Walton's actions. He does not claim that Walton improperly used any information gleaned from her firm's prior representation of him...continue to full post

Full post as published by Fourth Amendment on August 05, 2009 (boomark / email).