Paul Alexander, aka David Paul Hayes v. United States
FourthAmendment CriminalProcedure Privacy
Is the Fourth Circuit in violation of Supreme Court precedent and in conflict with other circuits when, in conducting a harmless error review, it intentionally does not consider derivative evidence that was obtained as a result of the unconstitutional car search?
QUESTIONS PRESENTED 1. Is the Fourth Circuit in violation of Supreme Court precedent and in conflict with other circuits when, in conducting a harmless error review, it intentionally does not consider derivative evidence that was obtained as a result of the unconstitutional car search? 2. Is the Fourth Circuit in violation of Supreme Court precedent and in conflict with other circuits when, in conducting a harmless error review, it assesses not the impact of the suppressed evidence on the jury, but rather assesses only the overall strength of the Government’s untainted evidence?