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CA11: Defendant should have been permitted to participate in co-defendant's suppression hearing, but here there was no prejudice

By John Wesley Hall, Jr.

While it is “troubling” that this defendant was denied an opportunity to participate in the suppression hearing, there was no error in denying his motion to suppress on Franks grounds because there was an alternative ground to support the search. United States v. Gamory, 2011 U.S. App. LEXIS 4764 (11th Cir. March 11, 2011).* Defendant was illegally detained, but the search warrant issued later was not the product of the detention. It was based on an independent source. United States v. Fitzgerald, 2011 U.S. App. LEXIS 4797 (4th Cir. March 10, 2011) (unpublished): In plaintiff’s civil case against the search of his property, he made no showing that the magistrate issuing the warrant was not neutral and detached such that the warrant could not be relied on by the executing officers...continue to full post

Full post as published by Fourth Amendment on March 14, 2011 (boomark / email).