IL: ER blood draw was private search for diagnostic purposes

“The mere filing of a motion [to suppress] is not proof that a search occurred.” Defendant first failed to prove that he was the subject of the search. Second, even if it was assumed, the hospital took the blood draw in the ER when he came in for diagnostic purposes, and it was not a governmental search. No officer requested the blood draw be done. The trial court erred in granting the motion to suppress and the appellate court in affirming. People v. Brooks, 2017 IL 121413, 2017 Ill. LEXIS 1294 (Nov. 30, 2017).

Defense counsel wasn’t ineffective for not challenging the consent search of the owner of the house where he maintained a bedroom because there was little chance of success. [The court does not specifically mention whether the owner could consent to a search of his bedroom; it’s implicit.] People v. Brewer, 2017 NY Slip Op 08411, 2017 N.Y. App. Div. LEXIS 8474 (3d Dept. Nov. 30, 2017).

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