OK: Def counsel not constitutionally required to be notified of DNA SW after prosecution began

A search warrant was obtained for defendant’s DNA after he was represented. The affidavit showed probable cause, and there was no requirement to advise defense counsel of the search warrant before execution. Frederick v. State, 2017 OK CR 12, 2017 Okla. Crim. App. LEXIS 10 (May 25, 2017).

Drugs were found on defendant and in his hotel room. The relatively small amount in the hotel room did not receive hardly any mention at trial. Therefore, the search of the hotel room, even if constitutionally erroneous, did not contribute to the verdict and it’s clearly harmless error beyond a reasonable doubt. (With a long exposé on harmless error in Virginia and SCOTUS.) Commonwealth v. White, 2017 Va. LEXIS 78 (June 1, 2017).

This entry was posted in DNA, Standards of review, Warrant execution. Bookmark the permalink.

Comments are closed.