FBI agents unconstitutionally searched and questioned alleged Brooklyn subway shooter Frank James on Tuesday, according to his defense lawyers.
Agents took multiple swabs of James's DNA and had him sign documents in his prison cell, James's lawyers claimed in a letter to a judge requesting the evidence be tossed out of court."Contrary to standard practice, the government committed this intrusion absent advance notice to counsel, depriving us of an opportunity to be heard or to be present. Neither did the government provide subsequent notice to counsel. The agents did not provide Mr.
“It is the standard practice in this District that when the government obtains a search warrant for [oral] swabs from a represented, post-arraignment defendant, the government informs counsel of same before its execution, and offers an opportunity to be present,” the letter said, according to CNN.
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