Category Archives: Inevitable discovery

GA: Collective knowledge supports RS

Collective knowledge of police officers can provide the reasonable suspicion necessary for an officer to prolong a stop in accord with Rodriguez. Hall v. State, 2019 Ga. App. LEXIS 477 (Aug. 23, 2019). There was probable cause for plaintiff’s arrest, … Continue reading

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W.D.Tenn.: Driving one’s car to ER and going in isn’t abandonment; dead battery doesn’t remove exigency for automobile exception

Having been shot, defendant did not abandon his car when he drove to the ER and went in, leaving his keys in the car at the entrance. The fact the battery was dead in the car didn’t remove the exigency. … Continue reading

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D.V.I.: Inevitable discovery fails here because the govt doesn’t show it was trying to get a SW

Inevitable discovery doesn’t apply here because there was no effort or even indication the government was going to get a search warrant. “Accordingly, while the Court finds that the inevitable discovery doctrine is potentially applicable to Wrensford’s DNA sample, it … Continue reading

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N.D.W.Va.: Warrantless entry to prevent destruction of evidence pending SW was reasonable

A warrantless protective sweep before obtaining a search warrant to prevent possible destruction of evidence was reasonable. A search warrant was later obtained [inevitable discovery]. United States v. Beazel, 2019 U.S. Dist. LEXIS 136901 (N.D. W.Va. Aug. 14, 2019).* The … Continue reading

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KS: Inevitable discovery not fully developed and remanded

Another case on inevitable discovery finds two of the three Brown factors satisfied. “Here, the officer discovered an arrest warrant that predated his encounter with Tatro. And Tatro has not argued the warrant was tainted, invalid, or related to the … Continue reading

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KS: The state has to plead inevitable discovery and allow a record to be made or it defaults it

All the factors of inevitable discovery favor suppression of the evidence, even under Strieff. Moreover, for the state to claim inevitable discovery, it has plead it in the trial court and allow a record to be made. State v. Sanders, … Continue reading

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CA10: SW for computer fraud revealed CP; inevitable discovery applied

While executing a computer fraud search warrant on defendant’s computers they happened upon child pornography on CDs during the onsite search. They took the computers and the CDs with the child pornography. A later search warrant was issued for the … Continue reading

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D.R.I.: Officers don’t actually have to be applying for a SW for inevitable discovery to apply if they have PC

The court finds the consent to search given by a woman in the house was voluntary and wasn’t based on a threat to take her child away by DCYF. She drew that conclusion herself because she was concerned about it. … Continue reading

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FL5: State’s failure to prove active pursuit of SW precluded reliance on inevitable discovery

The State failed to show that law enforcement was in pursuit of a search warrant at the time of the improper entry into defendant’s residence. It was thus error for the trial court to rely on the inevitable discovery doctrine … Continue reading

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E.D.Mich.: PC shown for records of the last number a murder victim called

Defendant’s cell phone number being the last number a murder victim called was at least a minimally sufficient basis for a search warrant for cell phone records to see who it was. It was also at least supported by the … Continue reading

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CA6: Dist.Ct.’s findings don’t support inevitable discovery, so court applies independent source instead

The district court’s analysis doesn’t support application of the inevitable discovery exception because the court didn’t make sufficient findings on the second part of the test. Instead, the record fully supports the independent source doctrine instead. United States v. Chapman-Sexton, … Continue reading

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DE: Whether a state tracking warrant permits tracking in NJ is avoided in favor of inevitable discovery

A tracking device was put on defendant’s Jeep by warrant, and it was tracked into New Jersey as well. The court offers that it’s a difficult question whether the vehicle could be tracked in New Jersey too, but decides the … Continue reading

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