Law enforcement seized a sweatshirt in a murder case from defendant's bedroom. Defendant's family consented to search of house. A warrant was also obtained for the sweatshirt prior to search.

Crime lab found gloves inside the pockets of the sweatshirt. The gloves appear to have the blood of the defendant on them.

Are the gloves lawfully seized or should we get a warrant for the gloves now?

You already seized the gloves, so going back won't change anything. Sounds like you are fine.

I would say you would only have a problem if you knew the gloves were in there beforehand, correct?

Why? Clothing has pockets. Why should we be surprised there was something in those pockets?

I recall a case in which a key piece of evidence was not discovered until it was found in the pocket of a pair of jeans DURING trial. Even more bizarre, the case was being retried (for the 2nd time) after mistrials.

[This message was edited by JB on 03-26-09 at .]