Denver police did not violate the Fourth Amendment by obtaining a bullet removed from a man’s leg without a warrant, the U.S. Court of Appeals for the 10th Circuit ruled in the case of United States v. Gaye. Law enforcement responded to a shooting in Cherry Creek where Joseph Gaye was injured. Suspecting that Gaye shot himself, they obtained a bullet from Gaye’s leg without a warrant and later found incriminating evidence in his office.
Gaye argued that the bullet could not be used as evidence against him because it was seized without a warrant. However, the court ruled that Gaye abandoned any privacy interest in the bullet when he relayed a different version of events to first responders. The court clarified that the bullet had incriminating value due to Gaye’s claims about an assailant.
The defense argued that seeking medical care should not automatically give police the right to obtain treatment-related evidence without a warrant. Judges Tymkovich, Baldock, and Eid examined whether Gaye had consented to the removal of the bullet and found multiple justifications for police to seize it without a warrant.
The court’s opinion emphasized that the unique circumstances of the case justified the seizure of the bullet. While Gaye had sought emergency medical aid, his claims about an assailant and the bullet’s incriminating value allowed police to obtain it without a warrant. Ultimately, the ruling in United States v. Gaye clarified the boundaries of warrantless seizures in similar situations.
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