{"id":57558,"date":"2024-04-09T13:38:11","date_gmt":"2024-04-09T18:38:11","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=57558"},"modified":"2024-04-09T13:38:11","modified_gmt":"2024-04-09T18:38:11","slug":"mi-pants-seized-incident-to-arrest-can-be-forensically-tested-without-a-sw","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=57558","title":{"rendered":"MI: Pants seized incident to arrest can be forensically tested without a SW"},"content":{"rendered":"\n<p>Defendant\u2019s pants were seized incident to his arrest for murder because there was apparent blood on them. They were subject to being forensically tested without a separate warrant. Any reasonable expectation of privacy was lost with the seizure. <a href=\"https:\/\/www.courts.michigan.gov\/c\/courts\/coa\/case\/355554\">People v. Serges<\/a>, 2024 Mich. App. LEXIS 2616 (Apr. 4, 2024).<\/p>\n\n\n\n<p>The question is whether the package was delivered before the warrant was served. \u201cMr. Calligan hasn&#8217;t [shown deficient performance] here. Conclusory assertions that the officers&#8217; testimony about being aware a package was to be delivered to the home means they must have believed they were executing an anticipatory warrant isn&#8217;t enough. Nor would it change the calculus of probable cause. [\u00b6] Trial counsel&#8217;s performance regarding the motion to suppress was reasonable.\u201d Calligan v. United States, 2024 U.S. Dist. LEXIS 62089 (N.D. Ind. Apr. 3, 2024).*<\/p>\n\n\n\n<p>The homeowner here, already known to the police, could consent to entry by the police to talk to an occupant. That supported a plain view. State v. Fitch, 2024-Ohio-1295 (2d Dist. Apr. 5, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s pants were seized incident to his arrest for murder because there was apparent blood on them. They were subject to being forensically tested without a separate warrant. Any reasonable expectation of privacy was lost with the seizure. People v. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=57558\">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":[57,26],"tags":[],"class_list":["post-57558","post","type-post","status-publish","format-standard","hentry","category-dna","category-search-incident"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57558","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=57558"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57558\/revisions"}],"predecessor-version":[{"id":57559,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57558\/revisions\/57559"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57558"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57558"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57558"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}