{"id":51457,"date":"2022-02-07T00:00:00","date_gmt":"2022-02-07T05:00:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=51457"},"modified":"2022-02-07T09:29:55","modified_gmt":"2022-02-07T14:29:55","slug":"ny4-state-fails-to-prove-independent-source-for-search-after-unlawful-arrest","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=51457","title":{"rendered":"NY4: State fails to prove independent source for search after unlawful arrest"},"content":{"rendered":"\n

The search of defendant\u2019s car was the product of an illegal arrest, and the state fails to prove the independent source doctrine applies. Here, it was argued to be a parole search. People v. Smith<\/a>, 2022 NY Slip Op 00790, 2022 N.Y. App. Div. LEXIS 760 (4th Dept. Feb. 4, 2022).<\/p>\n\n\n\n

\u201cPetitioner contends that the warrantless blood draw at the hospital violated his rights under the Fourth Amendment. \u2026 The Court summarily denies this claim. It can’t be pursued on habeas review as a matter of law. \u2026 Petitioner clearly had the opportunity to litigate his Fourth Amendment claim. Indeed, he did so \u2014 multiple times. The legality of the blood draw was the subject of a pretrial suppression motion, renewed during the trial, and litigated as the central issue on appeal. \u2026 This means that federal habeas review is not available for this claim. Stone, 428 U.S. at 494 \u2026\u201d Perez v. Kibler, 2022 U.S. Dist. LEXIS 20163 (C.D.Cal. Feb. 2, 2022)* (Stone was decided 46 years ago (1976). One would think inmates would have learned about it.)<\/p>\n\n\n\n

The DMV computer check revealed no vehicle insurance within the last 45 days, so that was reasonable suspicion for a stop. Blankinship v. State<\/a>, 2022 Tex. App. LEXIS 850 (Tex. App. \u2013 Dallas Feb. 4, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The search of defendant\u2019s car was the product of an illegal arrest, and the state fails to prove the independent source doctrine applies. Here, it was argued to be a parole search. People v. Smith, 2022 NY Slip Op 00790, … Continue reading →<\/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":[60,126,35],"tags":[],"class_list":["post-51457","post","type-post","status-publish","format-standard","hentry","category-independent-source","category-issue-preclusion","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51457","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=51457"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51457\/revisions"}],"predecessor-version":[{"id":51475,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51457\/revisions\/51475"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=51457"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=51457"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=51457"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}