NY1: Tossing backpack from car is waiver of REP

Defendant had no reasonable expectation of privacy in a backpack he tossed from a car as he was being stopped by the police. (This conviction was February 2013; nearly six years being decided on appeal.) People v. Febo, 2018 N.Y. App. Div. LEXIS 8305 (1st Dept. Dec. 6, 2018).

The trial court denied defendant’s motion to suppress the results of a warrantless blood draw. At the time the officer asked defendant to submit to a blood test, the former statute required a warning that defendant would be subject to enhanced criminal penalties for refusing the test; the blood draw did not violate Birchfield v. North Dakota because the penalties warned of in the statute were unenforceable. His consent was otherwise valid. Commonwealth v. Venable, 2018 PA Super 329 (Dec. 4, 2018).*

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