Can the government argue that a violation of the fourth amendment is harmless beyond a reasonable doubt?

MultiRegion, United States of America

The following excerpt is from U.S. v. Alvarez, 810 F.2d 879 (9th Cir. 1987):

8 The government does not, and could not, contend that the fourth amendment violation here was harmless beyond a reasonable doubt. See Chapman v. California, 386 U.S. 18, 24, 87 S.Ct. 824, 828, 17 L.Ed.2d 705 (1967).

Other Questions


If there is an error in the finding that a defendant is not guilty beyond a reasonable doubt on the basis of reasonable doubt, is that error harmless beyond reasonable doubt? (MultiRegion, United States of America)
Does the government have to prove that a violation of Rule 43 is harmless beyond a reasonable doubt? (MultiRegion, United States of America)
Is there any Fourth Amendment value served if 6 Townes, who was convicted of possession of illegal firearms and narcotics, reaps the financial benefit he seeks from the suppression of evidence obtained in violation of the Fourth Amendment? (MultiRegion, United States of America)
What is the test for qualified immunity for Fourth Amendment violations under the Fourth Amendment? (MultiRegion, United States of America)
What is the difference between evidence obtained as a result of a violation of the Fifth Amendment and that reliable evidence obtained under the Fourth Amendment? (MultiRegion, United States of America)
Does a jury instruction that fails to give effect to a finding of guilt beyond a reasonable doubt violate due process? (MultiRegion, United States of America)
Is a fact that increases the penalty for a crime beyond the prescribed statutory maximum must be proven beyond a reasonable doubt? (MultiRegion, United States of America)
Is exclusion of evidence an error of constitutional dimension or is it harmless beyond a reasonable doubt? (MultiRegion, United States of America)
Can a jury convict on count two of the section 848(a) of the Mental Health Act if it finds that each element of the violation is proven beyond a reasonable doubt? (MultiRegion, United States of America)
How has reasonable doubt been interpreted by courts in defining reasonable doubt? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.