If illegal evidence is admitted, conviction should be overturned on appeal unless p can show beyond a reasonable doubt that error was harmless. Harmless error never applies to denial of right to counsel at trial.
Government bears burden of establishing admissibility by preponderance of the evidence.
D has right to testify at a suppression hearing without waiving 5 th Amendment. Fourth Amendment Prohibits unreasonable searches and seizures. Warrants generally not required to arrest someone in a public place. Nonemergency arrest in own home requires arrest warrant. Police can detain occupants of premises during lawful search.