{"id":36791,"date":"2019-03-14T08:54:07","date_gmt":"2019-03-14T13:54:07","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=36791"},"modified":"2019-03-14T08:59:08","modified_gmt":"2019-03-14T13:59:08","slug":"ny2-jail-call-here-wa-more-prejudicial-than-relevant-and-should-have-been-excluded","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=36791","title":{"rendered":"NY2: Jail call here was more prejudicial than relevant and should have been excluded"},"content":{"rendered":"<p>Admission of defendant\u2019s jail call here was more prejudicial than relevant because it omitted context. The jury was at a loss as to what arrest was being talked about. <a href=\"http:\/\/nycourts.gov\/reporter\/3dseries\/2019\/2019_01799.htm\">People v. Robinson<\/a>,  2019 NY Slip Op 01799, 2019 N.Y. App. Div. LEXIS 1724 (2d Dept. Mar. 13, 2019).<\/p>\n<p>An employee of the State Board of Equalization sought to inspect records of the wrong business. An altercation ensued, and he came back with CHP officers with a search warrant for evidence of the altercation [which would be what?]. He participated in the CHP search. He gets no qualified immunity because it is clearly established that his participation was not authorized under the Fourth Amendment. <a href=\"http:\/\/cdn.ca9.uscourts.gov\/datastore\/opinions\/2019\/03\/13\/17-16618.pdf\">Advanced Bldg. &#038; Fabrication v. Cal. Highway Patrol<\/a>, 2019 U.S. App. LEXIS 7364 (9th Cir. Mar. 13, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Admission of defendant\u2019s jail call here was more prejudicial than relevant because it omitted context. The jury was at a loss as to what arrest was being talked about. People v. Robinson, 2019 NY Slip Op 01799, 2019 N.Y. App. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=36791\">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":[9,113,40],"tags":[],"class_list":["post-36791","post","type-post","status-publish","format-standard","hentry","category-administrative-search","category-prison-and-jail-searches","category-qualified-immunity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/36791","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=36791"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/36791\/revisions"}],"predecessor-version":[{"id":36793,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/36791\/revisions\/36793"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=36791"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=36791"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=36791"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}