CA11: If the search was harmless to the case, the merits of the search won’t be decided

The court discusses nexus between the items should and the defendants’ home for a search warrant, but never decides the merits. Instead, even if the search were invalid, it was harmless beyond a reasonable doubt and, alternatively, the officers acted in good faith. The prelude to all this was “We may affirm the denial of a motion to suppress on any ground supported by the record. United States v. Caraballo, 595 F.3d 1214, 1222 (11th Cir. 2010).” Also noted in dicta: If the product of the search doesn’t affect the Guidelines or sentence, no harm. United States v. Schulz, 486 Fed. Appx. 838 (11th Cir. 2012).* [So much for the continued development of the body of law of the Fourth Amendment.]

The first search warrant for defendant’s property looked for clothing to attempt to link defendant to a robbery. Instead, probable evidence of another crime was seen, so the officers applied for a second search warrant for that, and it was valid based on the first observation. Good faith would apply anyway. United States v. Morris, 2012 U.S. Dist. LEXIS 113631 (S.D. W.Va. August 13, 2012).* [Note: Indeed, the officers did exactly what was expected of them. I wouldn’t have bothered to file a motion to suppress.]