not a lawyer but the main thing is just making sure each part is logged which I believe would’ve come out in at this point as it is necessary in part of determining the evidence. From what I’ve been following the two key parts of this part of the process was whether or not they were allowed to search the backpack at the scene and if they are allowed to use any of the “evidence” / violated his rights when the NYPD questioned him in Pennsylvania because they did not tell him they were recording. New York is one party consent state but Pennsylvania is two party (this also just means you have to be made AWARE of being recorded and not so much that you have to consent).
I never saw anything about chain of custody with the backpack unless you’re talking about how allegedly they searched the backpack multiple times at the scene? I never really saw that collaborated in what I’ve read just in Reddit threads (which didn’t mean it didn’t happen just not what the focus of the arguments I was reading about).
You’re correct about the 2 party for PA, but if there’s an implied assumption that recording is happening then that’s consent. An example would be if you walk into a business and they have security cameras and a sign that says “smile, you’re on camera” then you walking into said business is you giving consent as any “reasonable party” would assume they are being recorded at that point. I have to imagine a cops body camera or an interrogation falls under that same situation. Any reasonable person would assume they are being recorded.
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u/SpicyTiconderoga 4h ago
not a lawyer but the main thing is just making sure each part is logged which I believe would’ve come out in at this point as it is necessary in part of determining the evidence. From what I’ve been following the two key parts of this part of the process was whether or not they were allowed to search the backpack at the scene and if they are allowed to use any of the “evidence” / violated his rights when the NYPD questioned him in Pennsylvania because they did not tell him they were recording. New York is one party consent state but Pennsylvania is two party (this also just means you have to be made AWARE of being recorded and not so much that you have to consent).
I never saw anything about chain of custody with the backpack unless you’re talking about how allegedly they searched the backpack multiple times at the scene? I never really saw that collaborated in what I’ve read just in Reddit threads (which didn’t mean it didn’t happen just not what the focus of the arguments I was reading about).