{"id":51717,"date":"2022-03-04T08:24:34","date_gmt":"2022-03-04T13:24:34","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=51717"},"modified":"2022-03-04T08:24:34","modified_gmt":"2022-03-04T13:24:34","slug":"ny2-seizure-of-a-shooting-victims-clothing-at-hospital-implicates-4a","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=51717","title":{"rendered":"NY2: Seizure of a shooting victim&#8217;s clothing at hospital implicates 4A"},"content":{"rendered":"\n<p>The seizure of defendant\u2019s clothing from the hospital where he was taken after being shot was unreasonable. \u201cThe defendant had a legitimate expectation of privacy in his clothing, and the fact that the police perceived the defendant as a victim rather than a suspect at the time his clothing was seized did not strip the defendant of his Fourth Amendment protection \u2026.\u201d On this record, however, it was harmless error on this record. <a href=\"https:\/\/nycourts.gov\/reporter\/3dseries\/2022\/2022_01317.htm\">People v. Gough<\/a>, 2022 NY Slip Op 01317, 2022 N.Y. App. Div. LEXIS 1320 (2d Dept. Mar. 2, 2022).<\/p>\n\n\n\n<p>Although the patrol car\u2019s dashcam did not capture the alleged traffic offense, the trooper\u2019s testimony defendant was tailgating was credited and was reasonable suspicion. <a href=\"https:\/\/www.ca5.uscourts.gov\/opinions\/unpub\/21\/21-30213.0.pdf\">United States v. Richard<\/a>, 2022 U.S. App. LEXIS 5501 (5th Cir. Mar. 2, 2022).*<\/p>\n\n\n\n<p>Defense counsel wasn\u2019t ineffective for not challenging probable cause for this warrant since there was. <a href=\"https:\/\/www.iowacourts.gov\/courtcases\/15075\/embed\/CourtAppealsOpinion\">Rhodes v. State<\/a>, 2022 Iowa App. LEXIS 176 (Mar. 2, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The seizure of defendant\u2019s clothing from the hospital where he was taken after being shot was unreasonable. \u201cThe defendant had a legitimate expectation of privacy in his clothing, and the fact that the police perceived the defendant as a victim &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=51717\">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":[35,69],"tags":[],"class_list":["post-51717","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion","category-seizure"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51717","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=51717"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51717\/revisions"}],"predecessor-version":[{"id":51718,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51717\/revisions\/51718"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=51717"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=51717"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=51717"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}