Subjective intent is irrelevant in a search and seizure case to determiningwhether gove... - 0 views
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Nye Frank on 21 Aug 10Subjective intent is irrelevant in a search and seizure case to determining whether governmental conduct violated a defendants Fourth Amendment rights and, therefore, has no bearing on the remedy granted in such a case.11 Similarly, violations of a defendants constitutional rights that do not involve a structural error in the proceedings require a harmless error analysis. If the government can show beyond a reasonable doubt that the violation did not contribute to the conviction, then the court may not grant a remedy despite the violation.12 Therefore, the Constitution does not provide a remedy to deter future prosecutorial misconduct, absent a finding of harm to the defendant