Category Archives: Inevitable discovery

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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AK: Initial warrantless entry after attempted warrantless arrest, standoff, then arrest was saved by inevitable discovery with later warrant

Alaska State Troopers developed information that two men were involved in burglaries and travelled far to arrest them, albeit without a warrant. They ordered the men out of their rented cabin, and that would have been an illegal arrest, but … Continue reading

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FL2: Calling the DA to see about whether a SW was needed is not actively seeking a warrant for inevitable discovery purposes

The trial court erred in applying the inevitable discovery doctrine. The officer had probable cause to conduct the search of defendant’s laptop, but this was insufficient to justify the detective’s failure to obtain a warrant to search it. His call … Continue reading

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TX14: Two prior searches for blood constitutionally or statutorily didn’t need to be mentioned in affidavit for third

Defendant was in a car wreck that killed another at 1 am, New Years Day 2014. There were three blood draws: one for medical purposes at the hospital, one directed by the police at the hospital, and one after a … Continue reading

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DE applies Carpenter to January CSLI search; no action yet on state’s effort to get it again after motion to suppress

Defendant was the subject of a CSLI warrant in January 2018. After he filed a motion to suppress under Carpenter decided in June, the state sought the same information by a search warrant in August 2018. Carpenter applies here. The … Continue reading

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GA: Search of a backpack six days after seizure required a SW

Defendant was granted a new murder trial on ineffective assistance of counsel grounds, one of which was failure to file a motion to suppress. On remand to the trial court, he pursued the motion to suppress claiming that a search … Continue reading

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OR: On a domestic call, “The officers heard a man say ‘shut the fuck up,’ a woman crying and whimpering, a loud thump, and then silence.” This was exigency

Police get a domestic call, and when they get there “The officers heard a man say ‘shut the fuck up,’ a woman crying and whimpering, a loud thump, and then silence.” This was enough for exigency for an entry. State … Continue reading

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CA9: Search of backpack was inevitable either as SITA or booking

Defendant was booked on two misdemeanors, and his backpack was searched. If his backpack wasn’t subject to a search incident, it was subject to inevitable discovery for a search at booking. Also, for what it’s worth, defendant twice attempted to … Continue reading

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FL1: Inevitable discovery requires actual effort to get SW or exception swallows rule

There was no attempt by the officers to secure a search warrant. Probable cause alone isn’t enough: there has to be an effort to get a warrant for inevitable discovery to apply. “Any other result would allow the exception to … Continue reading

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