{"id":1959,"date":"2009-04-23T08:56:20","date_gmt":"2008-04-06T19:01:47","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-04-06T19:01:47","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1959","title":{"rendered":"AL: Ultraviolet photography of hands not a search"},"content":{"rendered":"

The use of ultraviolet photography on defendant’s hands that revealed a he had been sprayed with something during an alleged assault on a police officer was not a search. Williams v. State<\/a>, 3 So. 3d 285 (Ala. Crim. App. 2008).<\/p>\n

Defendant’s request for an officer to retrieve a film cannister from his pocket after arrest impliedly included permission to open it. Also, the failure to object to his opening it supported consent [a proposition I’ve never agreed with]. King v. State<\/a>, 2008 Ala. Crim. App. LEXIS 66 (April 4, 2008):<\/p>\n

At the suppression hearing Deputy Wood testified that he asked King for permission to retrieve the unidentified object from his pocket to determine what it was and that the appellant consented. During the suppression hearing, defense counsel argued that Deputy Wood had permission to retrieve the canister, but not to investigate what it was. <\/p>\n

. . <\/p>\n

There was no testimony indicating that King objected when Officer Wood opened the film canister or that King revoked his consent at any time.<\/p>\n

The circuit court, when denying the motion to suppress, stated that it was reasonable for Deputy Wood to believe that the consent to retrieve the canister also encompassed the consent to open it. We agree with the circuit court that a reasonable person would have understood that retrieving the object, the black film canister, and finding out what it was, would of necessity, include opening the canister. Therefore, we hold that Deputy Wood’s search did not exceed the scope of King’s consent, and the circuit court correctly denied King’s motion to suppress.<\/p><\/blockquote>\n

Comment:<\/em> This case is just wrong. There is no legal way I can see for the officer’s being able to open it.<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-1959","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1959","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1959"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1959\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1959"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1959"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1959"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}