Conn v. Gabbert, 526 U.S. 286, 2 (1999)

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Cite as: 526 U. S. 286 (1999)

Opinion of the Court

Virginia, 129 U. S. 114. Gabbert's argument that the search's improper timing interfered with his client's right to have him outside the grand jury room and available to consult with her is unavailing, since a grand jury witness has no constitutional right to have counsel present during the proceeding, and none of this Court's decisions has held that such a witness has a right to have her attorney present outside the jury room. This Court need not decide whether such a right exists, because Gabbert had no standing to raise the alleged infringement of his client's rights. Although he does have standing to complain of the allegedly unreasonable timing of the search warrant's execution to prevent him from advising his client, challenges to the reasonableness of the execution of a search warrant must be assessed under the Fourth Amendment, not the Fourteenth, see Graham v. Connor, 490 U. S. 386, 395. Pp. 290-293.

131 F. 3d 793, reversed.

Rehnquist, C. J., delivered the opinion of the Court, in which OTMConnor, Scalia, Kennedy, Souter, Thomas, Ginsburg, and Breyer, JJ., joined. Stevens, J., filed an opinion concurring in the judgment, post, p. 293.

Kevin C. Brazile argued the cause for petitioners. With him on the briefs were Lloyd W. Pellman, Donovan Main, and Louis V. Aguilar.

Michael J. Lightfoot argued the cause for respondent. With him on the brief were Stephen B. Sadowsky and Melissa N. Widdifield.*

Chief Justice Rehnquist delivered the opinion of the Court.

We granted certiorari in this case, 525 U. S. 809 (1998), to decide whether a prosecutor violates an attorney's Fourteenth Amendment right to practice his profession when the prosecutor causes the attorney to be searched at the same time his client is testifying before a grand jury. We con*Kent S. Scheidegger filed a brief for the Criminal Justice Legal Foundation as amicus curiae urging reversal.

A brief of amici curiae urging affirmance was filed for the National Association of Criminal Defense Lawyers et al. by John D. Cline and Barbara E. Bergman.

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