AZ: No REP in conversations about def’s driving under influence when officer was there to hear it

Defendant was in a hospital room and had no reasonable expectation of privacy in his conversations on his cell phone or with medical personal admitting driving under the influence when he knew that the officer was near and could overhear it. Besides, it was harmless beyond a reasonable doubt since it was established by other evidence. State v. Peltz, 2017 Ariz. App. LEXIS 27 (March 2, 2017).

The officer had no reasonable suspicion to search defendant’s jacket. When he took possession of it, and started into it, defendant admitted he had contraband. The government didn’t rely on consent. Motion to suppress granted. United States v. Allen, 2017 U.S. Dist. LEXIS 30677 (M.D. N.C. March 3, 2017).*

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