NY: Seizure of bag of clothes at ER lacked any belief of connection to def’s shooting

Defendant came to a hospital ER with a gunshot wound, and the police were called. Defendant’s clothes were put in a clear plastic bag. Without any information about entrance or exit wounds and whether the clothes were evidence of a crime, the officer seized the clothing and inspected it, concluding defendant shot himself. Defendant was indicted for criminal possession of a handgun, and the clothes should have been suppressed. People v. Sanders, 2016 NY Slip Op 01255, 2016 N.Y. LEXIS 204 (Feb. 23, 2016), revg 2014 NY Slip Op 05454, 119 A.D.3d 878, 991 N.Y.S.2d 66 (2d Dept. 2014).

Defendant lived in a rooming house. The owner consented to an entry of the common area, and the police came to his door. He consented to an entry into his room. People v. Robinson, 2016 NY Slip Op 01352, 2016 N.Y. App. Div. LEXIS 1341 (2d Dept. Feb. 24, 2016).*

The court credits the officer’s testimony that a plain view occurred. United States v. King, 2016 U.S. Dist. LEXIS 21073 (M.D.Fla. Feb. 22, 2016).*

Defendant, stopped by the police, said he had ID in the car and gave police permission to look for it. The officer smelled marijuana, and that provided cause for search of the car. State v. Raffone, 2016 Conn. App. LEXIS 81 (March 1, 2016).*