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tion, but also some resulting adverse effect or prejudice — to the defendant. US v. Morrison, US » 101 SCt 665 (1981). In Justice White's opinion, rare in the Supreme Court because it was unanimous, he noted absent demonstrable prejudice, or sub- stantial threat thereof, dismissal of the indictment [for a sixth amendment right to counsel violation] is plainly ; inappropriate, even though the violation : may have been deliberate. This has been the result. reached where a Fifth Amendment violation has occured, and we have not suggested that searches. and seizures contrary to the Fourth Amendment warrant dismissal of the ~— os indictment. _ : 101 SCt at 669 (footnotes omitted). In support of the reference to the fifth amendment, Justice White cited US v. Blue, 384 US 251 (1966), where the Court had commented that so drastic a step as barring prosecution altogether for having acquired incriminating evidence in violation of the fifth amendment " might advance marginally some of the ends served by exclusionary rules, but it would also increase to an intoler- able degree interference with the public. interest in having the guilty brought to book. , _ 384 US at 255. Again, in US v. Payner, US » 100 SCt 2439 (1980), a majority of the Supreme Court concluded that i due process comes into play only when the governmental ' activity in question violates some protected right of the