NY2: Seizure of a shooting victim’s clothing at hospital implicates 4A

The seizure of defendant’s clothing from the hospital where he was taken after being shot was unreasonable. “The defendant had a legitimate expectation of privacy in his clothing, and the fact that the police perceived the defendant as a victim rather than a suspect at the time his clothing was seized did not strip the defendant of his Fourth Amendment protection ….” On this record, however, it was harmless error on this record. People v. Gough, 2022 NY Slip Op 01317, 2022 N.Y. App. Div. LEXIS 1320 (2d Dept. Mar. 2, 2022).

Although the patrol car’s dashcam did not capture the alleged traffic offense, the trooper’s testimony defendant was tailgating was credited and was reasonable suspicion. United States v. Richard, 2022 U.S. App. LEXIS 5501 (5th Cir. Mar. 2, 2022).*

Defense counsel wasn’t ineffective for not challenging probable cause for this warrant since there was. Rhodes v. State, 2022 Iowa App. LEXIS 176 (Mar. 2, 2022).*

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