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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 33101
Experience:  16 yrs. of trial experience
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ER Patient came in by ambulance. Sedated by EMTS with a

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ER Patient came in by ambulance. Sedated by EMTS with a broken foot. EMTS took clothes they had cut off Pt in transit, bagged then into a see-thru personal property bag, and labeled them as the Pt personal Property before ever arriving at ER. All the information needed by ER hospital was already obtained and given to them. There was no need to ID patient or go thru the SEE THRU property bag, as you could clearly see that the items inside were just what the label said they were: 1 coat, 1 legging, one t-shirt. Thats it. Pretty straight forward.
While being treated in ER the bag Pt's personal property was in was opened and riffled thrju by a random Aid. Apparently drug paraphernalia (pipe) was found inside coat pocket. The Aid took the pipe to police whom charged the Pt with felony drug possession.
The property bag had been thru multiple peoples hands and moved multiple times. Dozens of people having access. While completely out of custody and control of the Pt, whom was sedated on a s
Submitted: 11 months ago.
Category: Legal
Expert:  P. Simmons replied 11 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Looks like your question was cut off. I will copy what I can see below. Please feel free to complete the question

ER Patient came in by ambulance. Sedated by EMTS with a broken foot. EMTS took clothes they had cut off Pt in transit, bagged then into a see-thru personal property bag, and labeled them as the Pt personal Property before ever arriving at ER. All the information needed by ER hospital was already obtained and given to them. There was no need to ID patient or go thru the SEE THRU property bag, as you could clearly see that the items inside were just what the label said they were: 1 coat, 1 legging, one t-shirt. Thats it. Pretty straight forward.
While being treated in ER the bag Pt's personal property was in was opened and riffled thrju by a random Aid. Apparently drug paraphernalia (pipe) was found inside coat pocket. The Aid took the pipe to police whom charged the Pt with felony drug possession.
The property bag had been thru multiple peoples hands and moved multiple times. Dozens of people having access. While completely out of custody and control of the Pt, whom was sedated on a s


Customer: replied 11 months ago.
ER Patient came in by ambulance. Sedated by EMTS with a broken foot. EMTS took clothes they had cut off Pt in transit, bagged then into a see-thru personal property bag, and labeled them as the Pt personal Property before ever arriving at ER. All the information needed by ER hospital was already obtained and given to them. There was no need to ID patient or go thru the SEE THRU property bag, as you could clearly see that the items inside were just what the label said they were: 1 coat, 1 legging, one t-shirt. Thats it. Pretty straight forward.
While being treated in ER the bag Pt's personal property was in was opened and riffled thrju by a random Aid. Apparently drug paraphernalia (pipe) was found inside coat pocket. The Aid took the pipe to police whom charged the Pt with felony drug possession.
The property bag had been thru multiple peoples hands and moved multiple times. Dozens of people having access. While completely out of custody and control of the Pt, whom was sedated on a stretcher and far away from any of the clothing/property bag that was brought in by EMT.
Doesn't this violate some sort of evidence rule in the Court action? Hardly seems reliable chain of custody in relation to evidence.
Any ideas of how to suppress this evidence?
Expert:  P. Simmons replied 11 months ago.

I agree. The chain of custody seems dubious.

However, this goes to "weight" and not "admissibility"

That is, there is nothing in your description that would amount to a violation of the rights of the patient. So the evidence can come in

But the defense can argue, at trial, that the chain of custody is so weak that it does not amount to evidence to convict "beyond a reasonable doubt"

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 11 months ago.
just to be clear, if I was a spiteful dishonest person, who happened to be at the right place at the right time, and decided to really screw over the person whom is the object of my spite, I could simply go find a cop, hand them a pipe and say, "Now go get em Rasco!"? Geez.
Expert:  P. Simmons replied 11 months ago.

Yes. You could. But that is where the burden of proof at criminal trial kicks in. They have to prove your guilt beyond a reasonable doubt; that chain of custody is dubious...if that is all they got? They may have a tough time convicting.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 11 months ago.
Really, I will definitely have more questions, but I take awhile to process things. So, if I close this by rating, while I be cut off from your expertise? Unless of course I pay, again. This correct?
Expert:  P. Simmons replied 11 months ago.

You can ask related, follow on questions even after you rate the answer. THere is no charge for related follow on questions.

Customer: replied 11 months ago.
Is the process at trial to have Defense Counsel Petition to suppress this evidence pre-trial on the 'dubious' chain of custody?
Is there case law on this?
Expert:  P. Simmons replied 11 months ago.

Can not do case law research now...I will opt out..perhaps someone else can do the case law research for you.

I wish you the best

Customer: replied 11 months ago.
I do not wish for anyone to do case law research for me.
In your opinion, should a Petition to Suppress Evidence be submitted pre-trial based on 'dubious' chain of custody?
Thank You, ***** ***** am still right where I was prior to this conversation. At the mercy of my ignorance, no time to read voluminous law books in search of a one paragraph obscure answer somewhere in it, and a Court system set up to screw ya unless you have a fat bank account to hire competence.
No offense to you, my situation is not unique. Sadly, its the norm.
Thank you for your time.
Expert:  P. Simmons replied 11 months ago.

I would...that is, if I were the defense lawyer, I would file the motion.

But it is a "looser" motion. The law in this area is clear...the chain of custody will go to "weight" and not "admissibility"

So the motion would likely be a loss. But perhaps worth the effort, since you can force the government to put the witnesses on the stand, and you have the chance to cross examine them on the record.

At the end of the day, the law will not preclude the government from submitting the evidence.

But you can argue that the chain of custody is weak (which goes to the weight of the evidence). Again, if that is all they have, they have a weak case.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.