E.D.Wis.: Def’s clothes in ER as a shooting victim were in plain view for police seizure

Defendant was in an emergency room having been shot. Having presented himself for medical treatment, his bloody clothes were cut off him, and they were reasonably seized by law enforcement officers when they were seen in plain view in white plastic bags. United States v. Alva, 2021 U.S. Dist. LEXIS 78237 (E.D. Wis. Apr. 23, 2021).

The court “easily concludes” there was reasonable suspicion for defendant’s stop congregating in a group seen by officers on a CI’s tip they were armed. When the officers approached, defendant and others fled, and that added to the reasonable suspicion. United States v. Suggs, 2021 U.S. Dist. LEXIS 78281 (D. Conn. Apr. 23, 2021).*

Defendant’s guilty plea waived his later Franks challenge. He also raised an ineffective assistance challenge from defense counsel’s failure to fully understand the merits of his Fourth Amendment claim, which the court finds unsupported. United States v. Cooper, 2021 U.S. Dist. LEXIS 78437 (E.D. Ky. Apr. 23, 2021).*

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