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Epps: Pillowcase not protected by Fourth Amendment

By Tim Cone

In U.S. v. Epps, No. 09-12285 (Aug. 6, 2010), the Court rejected a Fourth Amendment challenge to the police?s seizure of the contents of a pillow case.The defendant was running away after a bank robbery, pointing a gun toward the police. A police officer in a police car stopped him by hitting him with the front of his patrol car. The defendant rolled off the car?s hood and the gun and pillow case he was holding ?went flying.? The pillow case had some pink stains ? suggestive of the dye pack that had stained cash stolen during a bank robbery. The police searched the pillow case and found, inter alia, currency marked with a red dye.The Court found no Fourth Amendment violation in the search of the pillow case. The Court noted that the pink stains were indicative of an exploding dye pack...continue to full post

Full post as published by Defense Newsletter Blog on August 09, 2010 (boomark / email).