MA: Gunshot victim’s clothing could be seized by police in ER

Defendant came to the ER with a GSW to the lower calf and ankle, claiming that he’d been shot by an unknown assailant from some distance. Detectives were called as required by state law for all GSWs, and he noticed soot around the entrance wound hole in the clothing. The hospital personnel cut off the pant leg to treat the defendant and bagged it and turned it over to the officer. The seizure was a result of a plain view. Defendant conceded he had no reasonable expectation of privacy in his clothing on showing up at an ER with a GSW. Commonwealth v. Fortuna, 80 Mass. App. Ct. 45, 951 N.E.2d 687 (2011), Review denied 460 Mass. 1114, 954 N.E.2d 539 (2011).

Defendant was cited by the city for overgrown vegetation and trash in the yard, and he appealed. He had no Fourth Amendment expectation of privacy in what the city inspector could see from the street. City of Independence v. Cady, 349 S.W.3d 419 (Mo. App. 2011).*

Two serial informants, both independently corroborated, was probable cause. United States v. Holmes, 2011 U.S. Dist. LEXIS 87527 (W.D. La. Aug. 3, 2011), R&R 2011 U.S. Dist. LEXIS 87512 (W.D. La. July 14, 2011).*