Washington v. Bishop

Lawrence Bishop appeals his conviction for unlawful possession of a controlled substance, contending the trial court erred in denying the motion to suppress heroin seized from inside the mouthpiece of a telephone in his hospital room. He raises two issues on appeal: (1) whether the reopening of folded packets and the chemical analysis of their contents by the police impermissibly expanded the search and seizure of these items by the hospitals security personnel, and thus required suppression under the Fourth Amendment; and (2) whether Bishop has standing to challenge the search based on a legitimate expectation of privacy in the telephone in his hospital room.