9mm Evidence

Now here is a perfect reason to NOT use 9mm for self defense. [h/t Voloky Conspiracy]

In the middle of Joshua Bush's forehead, two inches above his eyes, lies the evidence that prosecutors say could send the teenager to prison for attempted murder: a 9 mm bullet, lodged just under the skin.

Prosecutors say it will prove that Bush, 17, tried to kill the owner of a used-car lot after a robbery in July. And they have obtained a search warrant to extract the slug.

But Bush and his lawyer are fighting the removal, in a legal and medical oddity that raises questions about patient privacy and how far the government can go to solve crimes without running afoul of the constitutional protection against unreasonable searches and seizures.

I'm betting if the guy he attacked had used a .45 this wouldn't be an issue. From what the rest of the article says, it appears that there must of been something strange about the shot.

Investigators say that Bush was part of a group of gang members who broke into a used car lot and tried to steal vehicles. According to police, Bush tried to shoot businessman Alan Olive, and when Olive returned fire, a bullet struck the teenager and burrowed into the soft, fatty tissue of his forehead.

Prosecutor Ramon Rodriguez said gang members who took part in the robbery identified Bush as one of those involved. When he was questioned about a week later, Bush admitted taking part in the robbery but not the shooting, police said.

"The officers noticed the guy looks like hell. One of his eyes is black and he has a big old knot on his forehead," Rodriguez said. "He tells police he got hurt playing basketball."

A few days later, Bush went to the hospital and told doctors he had been hit by a stray bullet as he sat on a couch in an apartment.

"Officers started putting events together," Rodriguez said.

Of course the lawyers are twisting this all around.

Prosecutors said they continue to look for a doctor or hospital willing to remove the bullet.

All sides agree that removing the bullet would not be life-threatening. But Bush's family and attorney say it would be a violation of the teenager's civil rights and set a dangerous precedent.

"When the medical profession divorces itself from its own responsibility and makes itself an arm of the state, it's a dangerous path," said Rife Kimler, Bush's lawyer.

Wonder where this lawyer was when his client was robbing and trying to kill the guy that shot him. Another reason for the .45, you don't have to worry about those civil rights fights.

Orin Kerr goes on to describe the legal issue with the search:

There is a Supreme Court decision that covers this kind of case: in Winston v. Lee, the Court held that "the reasonableness of surgical intrusions beneath the skin depends on a case-by-case approach, in which the individual's interests in privacy and security are weighed against society's interests in conducting the procedure." This means that the legality of the warrant depends on a pretty context-sensitive balance: on one hand, how much is retrieving the bullet likely to help the government's case, and on the other hand, how much harm is it likely to cause to the young man who will have the bullet extracted?

Interesting.