{"id":26922,"date":"2017-04-25T00:01:53","date_gmt":"2017-04-25T05:01:53","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=26922"},"modified":"2017-04-24T21:08:07","modified_gmt":"2017-04-25T02:08:07","slug":"ca9-where-there-are-two-grounds-to-support-the-search-appeal-of-only-one-means-affirmance","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=26922","title":{"rendered":"CA9: Where there are two grounds to support the search, appeal of only one means affirmance"},"content":{"rendered":"<p>There were two grounds on which defendant\u2019s suppression motion could have been denied. The fact the court didn\u2019t give defendant an opportunity to respond to one was a moot point. In addition, even if the motion had been granted, the outcome wouldn\u2019t be different, so it\u2019s harmless error. <a href=\"http:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2017\/04\/20\/16-30081.pdf\">United States v. Cislo<\/a>, 2017 U.S. App. LEXIS 6907 (9th Cir. April 20, 2017).<\/p>\n<p>The state didn\u2019t prove a justification for the search of defendant\u2019s person, so the motion to suppress is granted. As to the search of a building, defendant raised that at the last minute, and there was no showing he had any reasonable expectation of privacy in the place searched. <a href=\"http:\/\/courts.delaware.gov\/Opinions\/Download.aspx?id=255830\">State v. Hall<\/a>, 2017 Del. Super. LEXIS 193 (April 21, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>There were two grounds on which defendant\u2019s suppression motion could have been denied. The fact the court didn\u2019t give defendant an opportunity to respond to one was a moot point. In addition, even if the motion had been granted, the &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=26922\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[66],"tags":[],"class_list":["post-26922","post","type-post","status-publish","format-standard","hentry","category-burden-of-proof"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26922","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=26922"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26922\/revisions"}],"predecessor-version":[{"id":26923,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26922\/revisions\/26923"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=26922"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=26922"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=26922"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}