Article: Is hospital room fair game for `warrantless' search? (Legal Focus on Hospital Law Issues).(Brief Article)

CASE ON POINT: State v. Stott, 2002 WL 511447 A.2d -- NJ

ISSUE: One of the most basic and fundamental rights we as Americans have under the Constitution is to be free from unreasonable searches and seizures. Curiously, that was an issue which arose and went to the highest court of New Jersey after a patient died from an apparent overdose of either heroin or Xanax, or a combination of both. Police conducted a warrantless search of a patient's room. The facts indicated that the police easily could have placed a guard at the entrance of the suspected patient's room and obtained a search warrant before conducting their search. However, they failed to do so.

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