404(b) evidence obtained in violation of the Fourth Amendment is subject to suppression. United States v. Hill, 60 F.3d 672, 677 (10th Cir. 1995). Here, however, it was harmless beyond a reasonable doubt.
United States v. Dalton, 2019 U.S. App. LEXIS 8495 (10th Cir. Mar. 21, 2019).
Defendant’s 2255 on his search claim fails. The daytime warrant search started before night and continued passed the final time for a daytime search, and Ohio already held that this was not grounds for suppression. Smith v. United States, 2019 U.S. Dist. LEXIS 47197 (N.D. Ohio Mar. 21, 2019).*