MO: Self-defense claim rendered search claim harmless at best
FourthAmendment.com:
The search of defendant’s house followed his admission he had a gun. The finding of the gun was consistent with his plea of self-defense, so any claim of unlawful search was rendered harmless by his defense. State v. James, 2008 Mo. App. LEXIS 1465 (October 31, 2008):
Assuming arguendo that the trial court’s ruling on the motion to suppress was erroneous, the admission of the evidence the police collected at Defendant’s home was harmless beyond a reasonable doubt because Defendant admitted during the trial that he used the SKS rifle to kill Victim inside that dwelling. The discovery of the body, rifle, shell casings, bullet fragments and other evidence was completely consistent with Defendant’s own trial testimony that he killed Victim in self-defense.
Eleven minute delay for drug dog to arrive was not unreasonable. United States v. Jones, 2008 U.S. Dist. LEXIS 90118 (E.D. Tenn. July 2, 2008).*
Defendant was stopped for following too close (6′ at 30 mph), and there was a strong smell of raw marijuana justifying the search. Pollack v. State, 2008 Ga. App. LEXIS 1200 (November 5, 2008).*