{"id":59649,"date":"2024-12-22T13:42:00","date_gmt":"2024-12-22T18:42:00","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59649"},"modified":"2024-12-23T08:57:57","modified_gmt":"2024-12-23T13:57:57","slug":"ia-no-rep-in-er-room-from-police-entry-for-observations-and-questions","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=59649","title":{"rendered":"IA: No REP in ER room from police entry for observations and questions"},"content":{"rendered":"\n<p>Defendant had no reasonable expectation of privacy in the ER room he was being treated in when the officer entered, observed him clearly intoxicated, and then elicited admissions from him. (The court considered both trespass and reasonable expectation of privacy theories and goes with the latter.) <a href=\"https:\/\/www.iowacourts.gov\/courtcases\/22661\/embed\/CourtAppealsOpinion\">State v. Miller<\/a>, 2024 Iowa App. LEXIS 892 (Dec. 18, 2024).<\/p>\n\n\n\n<p>2255 successor petition, relying on Mapp v. Ohio as a \u201cnew constitutional rule\u201d is rejected. Mapp was decided in 1961 and isn\u2019t new. In re Moore, 2024 U.S. App. LEXIS 32062 (11th Cir. Dec. 17, 2024).*  [They really have to say that.]<\/p>\n\n\n\n<p>Defendant\u2019s letting in the CI in for a drug deal was not an illegal search. That&#8217;s pure consent. (But the court goes one step further, unnecessarily, to find attenuation because it took ten minutes before the drug deal happened.) United States v. Corder, 2024 U.S. App. LEXIS 32101 (7th Cir. Dec. 18, 2024).* [Don\u2019t rely on this case for attenuation; seems like an outlier to me.]<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant had no reasonable expectation of privacy in the ER room he was being treated in when the officer entered, observed him clearly intoxicated, and then elicited admissions from him. (The court considered both trespass and reasonable expectation of privacy &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=59649\">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":[24,126,18],"tags":[],"class_list":["post-59649","post","type-post","status-publish","format-standard","hentry","category-consent","category-issue-preclusion","category-reasonable-expectation-of-privacy"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59649","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=59649"}],"version-history":[{"count":7,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59649\/revisions"}],"predecessor-version":[{"id":59659,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59649\/revisions\/59659"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59649"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59649"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59649"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}