{"id":7582,"date":"2013-02-09T09:40:06","date_gmt":"2012-08-15T07:16:36","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-08-15T07:16:36","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7582","title":{"rendered":"CA11: If the search was harmless to the case, the merits of the search won&#8217;t be decided"},"content":{"rendered":"<p>The court discusses nexus between the items should and the defendants\u2019 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 \u201cWe 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).\u201d Also noted in dicta: If the product of the search doesn\u2019t affect the Guidelines or sentence, no harm.  <a href=\"http:\/\/www.ca11.uscourts.gov\/unpub\/ops\/201115134.pdf\">United States v. Schulz<\/a>, 486 Fed. Appx. 838 (11th Cir. 2012).* [So much for the continued development of the body of law of the Fourth Amendment.]<\/p>\n<p>The first search warrant for defendant\u2019s 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\u2019t have bothered to file a motion to suppress.]<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=7582\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-7582","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7582","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=7582"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7582\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7582"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7582"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7582"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}