{"id":35686,"date":"2018-12-07T03:30:58","date_gmt":"2018-12-07T08:30:58","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=35686"},"modified":"2018-12-07T08:52:46","modified_gmt":"2018-12-07T13:52:46","slug":"ny1-tossing-backpack-from-car-is-waiver-of-rep","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=35686","title":{"rendered":"NY1: Tossing backpack from car is waiver of REP"},"content":{"rendered":"<p>Defendant had no reasonable expectation of privacy in a backpack he tossed from a car as he was being stopped by the police. (This conviction was February 2013; nearly six years being decided on appeal.) <a href=\"http:\/\/nycourts.gov\/reporter\/3dseries\/2018\/2018_08364.htm\">People v. Febo<\/a>, 2018 N.Y. App. Div. LEXIS 8305 (1st Dept. Dec. 6, 2018).<\/p>\n<p>The trial court denied defendant&#8217;s motion to suppress the results of a warrantless blood draw. At the time the officer asked defendant to submit to a blood test, the former statute required a warning that defendant would be subject to enhanced criminal penalties for refusing the test; the blood draw did not violate Birchfield v. North Dakota because the penalties warned of in the statute were unenforceable. His consent was otherwise valid. <a href=\"http:\/\/www.pacourts.us\/assets\/opinions\/Superior\/out\/Opinion%20%20Affirmed%20%2010379623745277941.pdf?cb=1\">Commonwealth v. Venable<\/a>, 2018 PA Super 329 (Dec. 4, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant had no reasonable expectation of privacy in a backpack he tossed from a car as he was being stopped by the police. (This conviction was February 2013; nearly six years being decided on appeal.) People v. Febo, 2018 N.Y. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=35686\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[48,71,55],"tags":[],"class_list":["post-35686","post","type-post","status-publish","format-standard","hentry","category-abandonment","category-body-searches","category-drug-testing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35686","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=35686"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35686\/revisions"}],"predecessor-version":[{"id":35693,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35686\/revisions\/35693"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=35686"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=35686"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=35686"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}