Category Archives: Inevitable discovery

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

NY1: Routine of leaving out of affidavit for SW that protective sweep saw drugs first revealed during trial required hearing

During the trial, NYPD officers revealed they were in the premises and conducted plain views during a walk around as a protective sweep and then sought a search warrant . It was also revealed that they routinely left information about … Continue reading

Posted in Inevitable discovery, Protective sweep | Comments Off on NY1: Routine of leaving out of affidavit for SW that protective sweep saw drugs first revealed during trial required hearing

AL: When DEA adopts a seizure for forfeiture, state courts lose jurisdiction to return property

When there’s a seizure for forfeiture and the DEA adopts it, the state court loses jurisdiction to return it. Hare v. Mack, 2022 Ala. LEXIS 8 (Jan. 21, 2022). Police responded to a shots fired call at an apartment where … Continue reading

Posted in Community caretaking function, Forfeiture, Inevitable discovery, Rule 41(g) / Return of property | Comments Off on AL: When DEA adopts a seizure for forfeiture, state courts lose jurisdiction to return property

S.D.Tex.: No 5A protection on phone pass code, and inevitable discovery applies

The foregone conclusion rationale for access to passcodes for cell phones. There was no Fifth Amendment privilege to providing the passcodes. Inevitable discovery applies. United States v. Zhengdong Cheng, 2022 U.S. Dist. LEXIS 6437 (S.D.Tex. Jan. 12, 2022):

Posted in Cell phones, Inevitable discovery, Privileges | Comments Off on S.D.Tex.: No 5A protection on phone pass code, and inevitable discovery applies

MA: A computer check during a traffic stop would dispel any RS, and failure to do so was unreasonable

Defendant’s car had an inspection rejection sticker for safety defects, but state law grants a 60 day grace period for correction. A computer check would have answered any questions. “Accordingly, we conclude that whether the troopers’ suspicion was reasonable in … Continue reading

Posted in Inevitable discovery, Inventory, Reasonable suspicion | Comments Off on MA: A computer check during a traffic stop would dispel any RS, and failure to do so was unreasonable

MT: When def asserts right to a SW on curtilage, deputy should have left if no exigency

When a sheriff’s deputy came on the curtilage to talk to defendant, defendant asserted his right to a warrant and refused to talk to him. While there were no No Trespassing signs, defendant’s assertion was enough to manifest his reasonable … Continue reading

Posted in Inevitable discovery, Probation / Parole search, Reasonable expectation of privacy | Comments Off on MT: When def asserts right to a SW on curtilage, deputy should have left if no exigency

W.D.Ky.: Fireman jumping through def’s car window to stop him was unjustified and a search and seizure

A volunteer fireman diving into defendant’s car to keep him from driving away was a search and seizure. And, the community caretaking function did not apply. “Here, Wahl lacked any specific and articulable facts that Fairrow would be dangerous to … Continue reading

Posted in Consent, Emergency / exigency, Inevitable discovery | Comments Off on W.D.Ky.: Fireman jumping through def’s car window to stop him was unjustified and a search and seizure

TX1: Commercial truck driver had standing to challenge seizure of cell phone from truck after his arrest

Defendant retained a reasonable expectation of privacy in his cell phone that was left in the semi he was driving for a commercial carrier when he was arrested. The owner of the truck retrieved the phone and sent it to … Continue reading

Posted in Inevitable discovery, Probable cause, Standing, Strip search | Comments Off on TX1: Commercial truck driver had standing to challenge seizure of cell phone from truck after his arrest

ID: Officer taking DL and handing it to another officer to check was a seizure requiring RS; anonymous CI was not corroborated

Reasonable suspicion was required when the officer retained defendant’s driver’s license by taking it, leaving her presence, and giving it to another officer to run a license check. Defendant was thus detained because a reasonable person in her position would … Continue reading

Posted in DNA, Inevitable discovery, Informant hearsay, Reasonable suspicion, Seizure | Comments Off on ID: Officer taking DL and handing it to another officer to check was a seizure requiring RS; anonymous CI was not corroborated

D.Utah: Officer finding an arrest warrant led to inevitable discovery

“As outlined above, Smith has put forth no evidence that he could have made a successful Fourth Amendment challenge to the stop and search of his vehicle. Even if he did, Smith could not demonstrate prejudice. As noted above, Trooper … Continue reading

Posted in Inevitable discovery | Comments Off on D.Utah: Officer finding an arrest warrant led to inevitable discovery

NC: Calling for drug dog right away here didn’t extend time, but the sniff became reasonable by RS otherwise developing

The officer here preemptively called for a drug dog before running the DL information on the occupants. That did not measurably extend the time. After calling for the dog, the officer found out there were warrants on one, and then … Continue reading

Posted in Inevitable discovery, Nexus, Waiver | Comments Off on NC: Calling for drug dog right away here didn’t extend time, but the sniff became reasonable by RS otherwise developing