CA7: Hospital medical staff getting def to spit out machine gun part wasn’t search and they weren’t govt actors

Defendant had a Glock fully auto switch in his mouth while in the hospital. While treating him, the medical staff finally got him to spit it out. That was not a search. The medical staff were not government actors for Fourth Amendment purposes. United States v. Hudson, 2023 U.S. App. LEXIS 30579 (7th Cir. Nov. 16, 2023).

Defendant’s guilty plea waived all pretrial issues, including his suppression motion. People v. Johnson, 2023 NY Slip Op 05754 (3d Dept. Nov. 16, 2023).*

2255 petitioner doesn’t show how his Fourth Amendment ineffective assistance of counsel claim would even prevail. “Thus, had the evidence been successfully suppressed at trial, it still could have been considered for the purposes of sentencing. The outcome of Fulk’s sentencing would not have changed and no prejudice exists.” United States v. Fulk, 2023 U.S. Dist. LEXIS 205356 (N.D. Ind. Nov. 16, 2023).*

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