LA1: SW not required under automobile exception

Defendant was involved in a struggle with another in a car, and he reached for the console to open it, and a gun was briefly visible. When he was finally arrested, a warrant was not required for search of the car. It was valid under the automobile exception. State v. Baker, 2021 La. App. LEXIS 1750 (La. App. 1 Cir. Nov. 1, 2021).*

Defendant was dropped at a hospital emergency room with a gunshot wound. His condition was deteriorating and he refused to get undressed so he could be checked for other wounds or signs of internal bleeding. Hospital security held him down in an effort to do so. In his jacket pocket was found a gun, and he was a felon in possession. The bullet hole in his jacket suggested an accidental self-inflicted wound. “In sum, the Court finds that the magistrate judge appropriately considered the applicable legal authority, including persuasive authority, and properly analyzed the facts under the Fourth Amendment balancing test. The Court agrees with her analysis and recommendation. Accordingly, the Court finds that the seizure here was not objectively unreasonable and, therefore, did not violate the Fourth Amendment.” Finally, even if the Fourth Amendment was violated, the exclusionary rule should not apply here. United States v. Conley, 2021 U.S. Dist. LEXIS 224847 (D.Minn. Nov. 22, 2021), adopting 2021 U.S. Dist. LEXIS 225952 (D.Minn. Oct. 1, 2021).*