Category Archives: Inevitable discovery

CA10: Five seconds is de minimus under Rodriguez

In a short per curiam, the Tenth Circuit upholds a dog sniff under Rodriguez without explanation. The concurrence, however, tells us that the stop was extended five seconds past the “Rodriguez moment” as still reasonable. United States v. Hayes, 2023 … Continue reading

Posted in Inevitable discovery, Inventory, Reasonableness | Comments Off on CA10: Five seconds is de minimus under Rodriguez

CA10: Where someone was summoned to take def’s car from scene of stop, inventory of backpack was unreasonable

The search incident of defendant’s backpack was unreasonable. The government relies instead on inevitable discovery that the backpack would have been inventoried. Here, however, a friend of defendant summoned to the scene could have taken the backpack, so the government … Continue reading

Posted in Inevitable discovery, Inventory | Comments Off on CA10: Where someone was summoned to take def’s car from scene of stop, inventory of backpack was unreasonable

E.D.Ky.: Failure to cross-examine at trial on some contradictions from SW affidavit was not IAC

Defendant’s 2255 ineffective assistance of counsel claim in part challenged defense counsel’s failure to cross-examine over contradictions in a search warrant affidavit by the witness. The government doesn’t address this, and assuming it was defective performance, the court finds a … Continue reading

Posted in Burden of proof, Ineffective assistance, Inevitable discovery | Comments Off on E.D.Ky.: Failure to cross-examine at trial on some contradictions from SW affidavit was not IAC

CA10: “perfunctory factual references” with three legal theories not enough to get a suppression hearing

“Rather than outline factual disputes, Windom’s motion to suppress offered three legal arguments—staleness, nexus, and lack of good faith—for why the affidavit was insufficient to support a search warrant. These arguments contained only perfunctory factual references, with none rising to … Continue reading

Posted in Inevitable discovery, Suppression hearings | Comments Off on CA10: “perfunctory factual references” with three legal theories not enough to get a suppression hearing

CA11: Inventory applied even if automobile exception not satisfied

The search of defendant’s car would have happened as a result of an inventory search whether or not the automobile exception applied. Therefore, inevitable discovery was satisfied. United States v. Russell, 2023 U.S. App. LEXIS 3820 (11th Cir. Feb. 17, … Continue reading

Posted in Inevitable discovery, Qualified immunity, Stop and frisk | Comments Off on CA11: Inventory applied even if automobile exception not satisfied

E.D.Va.: Search of cell phone at school for explicit photos of 14-year-old reasonable under T.L.O.

A 13-year-old male student was showing explicit pictures of a 14-year-old girl on his phone at school. The search of the phone by school officials was reasonable under T.L.O., and it led him to juvenile court. O.W. v. Sch. Bd. … Continue reading

Posted in Cell phones, Franks doctrine, Inevitable discovery, School searches | Comments Off on E.D.Va.: Search of cell phone at school for explicit photos of 14-year-old reasonable under T.L.O.

D.Minn.: Placing GPS on vehicle 2.5 hours before SW issued didn’t require suppression

“This Court concludes that the supporting affidavit for the GPS tracking warrant establishes probable cause.” “Here, it is undisputed that when the GPS tracking device was placed on the gold Chevy Tahoe at approximately 5:00 p.m. on March 3, 2022, … Continue reading

Posted in Consent, DNA, GPS / Tracking Data, Independent source, Inevitable discovery | Comments Off on D.Minn.: Placing GPS on vehicle 2.5 hours before SW issued didn’t require suppression

DC: “Handcuffing is ordinarily improper in a Terry stop absent an objective safety concern.”

“Handcuffing is ordinarily improper in a Terry stop absent an objective safety concern. See United States v. Smith, 373 F. Supp. 3d 223, 241 (D.D.C. 2019); Haynes v. Minnehan, 14 F.4th 830, 835 n.4 (8th Cir. 2021) (‘[A]bsent an objective … Continue reading

Posted in Inevitable discovery, Reasonable suspicion, Search incident, State constitution | Comments Off on DC: “Handcuffing is ordinarily improper in a Terry stop absent an objective safety concern.”

Cal.2: MJ smell associated with minors still RS for an offense

Officers ran an LPN and saw that the vehicle had expired tags. Driving next to the car, officers smelled burnt marijuana and knew that the users were minors which is still an offense under California law. That was cause for … Continue reading

Posted in Burden of pleading, Franks doctrine, Ineffective assistance, Inevitable discovery, Plain view, feel, smell | Comments Off on Cal.2: MJ smell associated with minors still RS for an offense

OH: Opening car door was to secure uncooperative def, not search; plain view valid

Opening the car door was not for the purpose of searching; it was to secure the uncooperative defendant. During the interaction, evidence in plain view was seen and the officer then could enter the car to secure it. State v. … Continue reading

Posted in Inevitable discovery, Mail and packages, Plain view, feel, smell, Qualified immunity, Search, Standing | Comments Off on OH: Opening car door was to secure uncooperative def, not search; plain view valid

OR: Holding def’s ID for 30 minutes for no apparent reason was a seizure without RS

Retaining defendant’s ID for 30 minutes before even thinking about questioning his identity was a seizure without reasonable suspicion. State v. Orman, 322 Or. App. 707, 2022 Ore. App. LEXIS 1479 (Nov. 16, 2022). Defendant was not seized when he … Continue reading

Posted in Franks doctrine, Inevitable discovery, Seizure | Comments Off on OR: Holding def’s ID for 30 minutes for no apparent reason was a seizure without RS

NC: Dog sniff of package in mail stream reasonable

A dog sniff of a package in the mail stream is reasonable. There is no reasonable expectation of privacy from a dog sniff there. State v. Teague, 2022-NCCOA-600, 2022 N.C. App. LEXIS 748 (Nov. 1, 2022). Defendants’ motion in limine … Continue reading

Posted in Dog sniff, E-mail, Inevitable discovery, Mail and packages, Standing | Comments Off on NC: Dog sniff of package in mail stream reasonable

CA1: Voluntary act after unreasonable stop made evidence admissible

There was no reasonable suspicion for defendant’s seizure on the totality. But, “Sierra-Ayala’s intervening volitional act, in the absence of exploitative behavior by López-Maysonet, renders the discovery of the drugs sufficiently attenuated so as to dissipate the taint of the … Continue reading

Posted in Automobile exception, Good faith exception, Inevitable discovery, Inventory, Voluntariness | Comments Off on CA1: Voluntary act after unreasonable stop made evidence admissible

E.D.Ark.: Def’s statements disassociating himself from the premises searched showed no standing

Defendant had some connection to the premises, but his disassociation from the premises when asked about it by the police showed his lack of standing. “To resolve his motion to suppress, however, the Court need not determine whether these possessory … Continue reading

Posted in Excessive force, Inevitable discovery, Reasonable expectation of privacy, Standing | Comments Off on E.D.Ark.: Def’s statements disassociating himself from the premises searched showed no standing

CA8: Shoplifting arrest supported search incident of backpack; inevitable anyway

The search of defendant’s backpack incident to a shoplifting arrest produced a firearm. Even if the search incident wasn’t proper, it was inevitable the backpack would be inventoried at the jail.United States v. Trogdon, 2022 U.S. App. LEXIS 15860 (8th … Continue reading

Posted in Good faith exception, Inevitable discovery, Plain view, feel, smell, Search incident | Comments Off on CA8: Shoplifting arrest supported search incident of backpack; inevitable anyway

E.D.Mo.: Empty sandwich bag in car not subject to plain view; incriminating nature not immediately apparent

The government failed to establish reasonable suspicion for defendant’s stop on an anonymous tip where nothing of substance was furnished contrary to Navarette. Moreover, it wasn’t immediately apparent an empty sandwich bag in the car was incriminating for plain view. … Continue reading

Posted in Burden of pleading, Inevitable discovery, Inventory, Plain view, feel, smell, Reasonable suspicion | Comments Off on E.D.Mo.: Empty sandwich bag in car not subject to plain view; incriminating nature not immediately apparent

E.D.Wis.: Inevitable discovery cures otherwise unreasonable inventory

“The search here was generally unreasonable, but it was saved by inevitable discovery. “In the present case, the Government does not contend that Hobbs had probable cause to search Defendant’s vehicle. Hobbs did not have a warrant. His search was … Continue reading

Posted in Inevitable discovery, Inventory, Scope of search | Comments Off on E.D.Wis.: Inevitable discovery cures otherwise unreasonable inventory

D.Nev.: Traffic stop devolving into investigation of violation of parole conditions was without RS

“The Court finds that Chronister unlawfully prolonged the traffic stop by pursuing an investigation into whether or not Lewis was in violation of his parole conditions.” “The Court finds that Chronister did not believe at the time of the traffic … Continue reading

Posted in Exclusionary rule, Good faith exception, Inevitable discovery, Reasonable suspicion | Comments Off on D.Nev.: Traffic stop devolving into investigation of violation of parole conditions was without RS

MA: State law requires PC for pole camera surveillance, and officers had it

Pole camera surveillance in Massachusetts requires probable cause to set it up. Officers had it in defendant’s case, and his front door and left side of his house were watched for 15 days. Commonwealth v. Comenzo, 2022 Mass. LEXIS 54 … Continue reading

Posted in Inevitable discovery, Pole cameras | Comments Off on MA: State law requires PC for pole camera surveillance, and officers had it

CA6 explains inevitable discovery and how it was confused here with attenuation

The district court erred by analyzing the search as attenuation when it should have been inevitable discovery, and that’s on the lawyers for not having filed adequate briefs. The court gives a thorough and helpful explanation of both and how … Continue reading

Posted in Attenuation, Inevitable discovery | Comments Off on CA6 explains inevitable discovery and how it was confused here with attenuation