AL: When def was being taken to ER for chest pains, looking in pocket of jacket he wanted to take and a pill bottle inside was reasonable

Complaining of chest pains, defendant called 911. Attached to his address was a “safety alert” that police should show up for the safety of EMTs and firemen. As he was being transported to the hospital, he asked for his coat hanging on the porch rail. The officer felt the coat for weapons and found an unlabeled pill bottle, which he looked at to see if it was medication related to defendant’s condition. Instead, it was illegal drugs. Looking in the bottle was within the emergency aid exception. Ex parte Byrd, 2022 Ala. LEXIS 108 (Nov. 10, 2022).

Petitioner’s 2255 claims his guilty plea was involuntary because defense counsel didn’t challenge his search and seizure. Viewing this purely as a waived suppression motion, there’s nothing in the record suggesting that he would have prevailed, and Stone bars relief anyway. Grimes v. Tynon, 2022 U.S. Dist. LEXIS 205081 (N.D.N.Y. Nov. 10, 2022).*

Defendant had a backpack in hand when he encountered the police. First he tried to stick it in the door of a mobile home and “failed.” He fled with it in hand. When he was found, he had no backpack. Police went looking for it and found it. This was abandonment. United States v. Lodge, 2022 U.S. Dist. LEXIS 205235 (N.D.W. Va. Nov. 10, 2022).*

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