NY4: State fails to prove independent source for search after unlawful arrest

The search of defendant’s car was the product of an illegal arrest, and the state fails to prove the independent source doctrine applies. Here, it was argued to be a parole search. People v. Smith, 2022 NY Slip Op 00790, 2022 N.Y. App. Div. LEXIS 760 (4th Dept. Feb. 4, 2022).

“Petitioner contends that the warrantless blood draw at the hospital violated his rights under the Fourth Amendment. … The Court summarily denies this claim. It can’t be pursued on habeas review as a matter of law. … Petitioner clearly had the opportunity to litigate his Fourth Amendment claim. Indeed, he did so — multiple times. The legality of the blood draw was the subject of a pretrial suppression motion, renewed during the trial, and litigated as the central issue on appeal. … This means that federal habeas review is not available for this claim. Stone, 428 U.S. at 494 …” Perez v. Kibler, 2022 U.S. Dist. LEXIS 20163 (C.D.Cal. Feb. 2, 2022)* (Stone was decided 46 years ago (1976). One would think inmates would have learned about it.)

The DMV computer check revealed no vehicle insurance within the last 45 days, so that was reasonable suspicion for a stop. Blankinship v. State, 2022 Tex. App. LEXIS 850 (Tex. App. – Dallas Feb. 4, 2022).*

This entry was posted in Independent source, Issue preclusion, Reasonable suspicion. Bookmark the permalink.

Comments are closed.