WILMINGTON, Del. (AP) - A Delaware judge has dismissed murder charges against an alleged gang member, saying prosecutors violated his constitutional rights by seizing confidential attorney-client communications from his prison cell just days before his trial was to start.
In a ruling Tuesday, the judge said prosecutors did not apply for a search warrant and did not notify a judge or Jacquez Robinson's attorney before directing prison officials to seize the documents from his cell last year. Even after the illegal search and seizure, prosecutors failed to notify the judge or defense attorney.
Prosecutors claimed the search was necessary to determine whether Robinson's attorney had violated a protective order by revealing the names of prosecution witnesses to him.
But the judge said prosecutors conceded that they never provided any witness names to Robinson's attorney.