Conn v. Gabbert

526 U.S. 286, 119 S. Ct. 1292, 143 L. Ed. 2d 399, 12 Fla. L. Weekly Fed. S 193, 1999 U.S. LEXIS 2345
CourtSupreme Court of the United States
DecidedApril 5, 1999
Docket97-1802
StatusPublished
Cited by820 cases

This text of 526 U.S. 286 (Conn v. Gabbert) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Conn v. Gabbert, 526 U.S. 286, 119 S. Ct. 1292, 143 L. Ed. 2d 399, 12 Fla. L. Weekly Fed. S 193, 1999 U.S. LEXIS 2345 (1999).

Opinions

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 eon-[288]*288elude that such conduct by a prosecutor does not violate an attorney’s Fourteenth Amendment right to practice his profession.

This case arises out of the the “Menendez Brothers,” Lyle and Erik Menendez, for the murder of their parents. Petitioners David Corn and Carol Najera are Los Angeles County Deputy District Attorneys, and respondent Paul Gabbert is a criminal defense attorney. In early 1994, after the first Menendez trial ended in a hung jury, the Los Angeles County District Attorney’s Office assigned Conn and Najera to prosecute the case on retrial. Conn and Najera learned that Lyle Menendez had written a letter to Traci Baker, his former girlfriend, in which he may have instructed her to testify falsely at trial. Gabbert represented Baker, who had testified as a defense witness in the first trial. Conn obtained and served Baker with a subpoena directing her to testify before the Los Angeles County grand jury and also directing her to produce at that time any correspondence that she had received from Lyle Menendez, After Gabbert unsuccessfully sought to quash the portion of the subpoena directing Baker to produce the Menendez correspondence, Conn and Najera obtained a warrant to search Baker’s apartment for any such correspondence. When police tried to execute the warrant, Baker told the police that she had given all her letters from Menendez to Gabbert.

Three days later, on March 21, 1994, Baker appeared as directed before the grand jury, accompanied by Gabbert. Believing that Gabbert might have the letter on his person, Conn directed a police detective to secure a warrant to search Gabbert. California law provides that a warrant to search an attorney must be executed by a court-appointed special master. When the Special Master arrived, Gabbert requested that the search take place in a private room. He did not request that his client’s grand jury testimony be postponed. The Special Master searched Gabbert in the private [289]*289room, and Gabbert produced two pages of a three-page letter from Lyle Menendez to Baker.

At approximately the same time that the search of Gab-bert was taking place, Najera called Baker before the grand jury and began to question her. After being sworn, Najera asked Baker whether she was acquainted with Lyle Menen-dez. Baker replied that she had been unable to speak with her attorney because he was “still with the special master.” Brief for Petitioners 6. A short recess was taken during which time Baker was unable to speak with Gabbert. He was aware that Baker sought to speak with him, but apparently stated that the prosecutors would simply have to delay the questioning until they finished searching him. Baker returned to the grand jury room and declined to answer the question “upon the advice of [my] counsel” on the basis of her Fifth Amendment privilege against self-inerimination. Id., at 7. Najera asked a followup question, and Baker again asked for a short recess to confer with Gabbert. Baker was again unable to locate Gabbert, and she again returned to the grand jury room and asserted her Fifth Amendment privilege. At this point, the grand jury recessed.

actions of the prosecutors were illegal, Gabbert brought suit against them and other officials in Federal District Court under Rev. Stat. § 1979, 42 U. S. C. § 1988. Relevant to this appeal by Conn and Najera, he contended that his Fourteenth Amendment right to practice his profession without unreasonable government interference was violated when the prosecutors executed a search warrant at the same time his client was testifying before the grand jury.

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Cite This Page — Counsel Stack

Bluebook (online)
526 U.S. 286, 119 S. Ct. 1292, 143 L. Ed. 2d 399, 12 Fla. L. Weekly Fed. S 193, 1999 U.S. LEXIS 2345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conn-v-gabbert-scotus-1999.