{"id":54854,"date":"2023-05-06T09:42:51","date_gmt":"2023-05-06T14:42:51","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=54854"},"modified":"2023-05-06T11:26:13","modified_gmt":"2023-05-06T16:26:13","slug":"nj-two-hour-delayed-si-for-forensic-evidence-on-defs-sweatshirt-in-axe-murder-case-was-reasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=54854","title":{"rendered":"NJ: Two-hour delayed SI for forensic evidence on def&#8217;s sweatshirt in axe murder case was reasonable"},"content":{"rendered":"\n<p>A two-hour delayed search incident of defendant\u2019s sweatshirt for blood and other evidence was reasonable when he was in custody under U.S. v. Edwards (1974, 10 hours) and more compelling probable cause developed he committed an axe murder. Swabbing of hands was also reasonable because of the risk of destruction of evidence from mere washing. <a href=\"https:\/\/www.njcourts.gov\/system\/files\/court-opinions\/2023\/a1522.pdf\">State v. Torres<\/a>, 2023 N.J. LEXIS 396 (May 4, 2023). (Also, this search didn\u2019t violate the state strip search law.)<\/p>\n\n\n\n<p>Officers had plenty of justification for a protective sweep of defendant\u2019s car for weapons based on his criminal history, including a pending violent crime, brass knuckles on the console, and a brief there was a knife in the car. United States v. Singleton, 2023 U.S. Dist. LEXIS 78086 (S.D. Fla. Apr. 21, 2023),* adopted, 2023 U.S. Dist. LEXIS 77383 (S.D. Fla. May 3, 2023).*<\/p>\n\n\n\n<p>SCOTUS can\u2019t be sued under Bivens, and there is sovereign immunity. Saintillus v. United States Supreme Court, 2023 U.S. Dist. LEXIS 78065 (E.D. Cal. May 3, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A two-hour delayed search incident of defendant\u2019s sweatshirt for blood and other evidence was reasonable when he was in custody under U.S. v. Edwards (1974, 10 hours) and more compelling probable cause developed he committed an axe murder. Swabbing of &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=54854\">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":[22,26],"tags":[],"class_list":["post-54854","post","type-post","status-publish","format-standard","hentry","category-protective-sweep","category-search-incident"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54854","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=54854"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54854\/revisions"}],"predecessor-version":[{"id":54856,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54854\/revisions\/54856"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=54854"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=54854"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=54854"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}