MA: No right to counsel at execution of SW

“The defendant has presented no case law supporting his proposition that the target of a search warrant has a right to have counsel present during the execution of a warrant. The officers executed a warrant to search the defendant’s cell for writings that would show evidence of the murders and witness intimidation. Further, the officer in charge of the search did not, as the judge found, seize any writings that he verified were either to or from the defendant’s attorney. Such action does not amount to prosecutorial misconduct, particularly when the defendant has not identified any of the materials seized as subject to the attorney-client privilege.” Commonwealth v. Hall, 2020 Mass. LEXIS 329 (June 26, 2020).

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