CA6: Search issue not decided because it’s harmless in light of other proof

While the suppression motion as to admissibility of seized cash probably should have been granted, it was harmless error in light of the proof of possession of heroin. United States v. Morton, 2021 U.S. App. LEXIS 2404 (6th Cir. Jan. 28, 2021):

Next, Morton claims that the district court erred in denying his suppression motion. As he did below, Morton contends that the cash should have been suppressed as the fruit of an illegal search and seizure because the officers lacked probable cause to arrest him without a warrant. The government disagrees, arguing that the district court correctly determined that the officers had probable cause to arrest Morton for conspiracy to commit murder. The government further claims that the interaction finds support as a permissible Terry stop, followed by a reasonable detention while the search warrant was executed. It also throws in the attenuation doctrine for good measure.

Notwithstanding these meritorious arguments, we think that harmless error sufficiently resolves the issue here. Even if the admission of the large amount of cash was unduly prejudicial because it is highly suggestive of drug trafficking rather than personal use, the government offered other convincing evidence to support the conviction for possession with intent to distribute. An expert witness on heroin trafficking testified that the amount and packaging were consistent with distribution, not personal use. Specifically, the expert stated that user quantity is about one-tenth of a gram, whereas the heroin found in the toilet tank was about 100 doses. Thus, the admission of the cash did not affect the outcome. See United States v. Copeland, 51 F.3d 611, 615 (6th Cir. 1995) (citing Fed. R. Crim. P. 52).

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