Category Archives: Inevitable discovery

CA2: Later search of bag was inevitable discovery overcoming objection to first search

Even if the search of defendant’s bag was invalid, he was taken to the police station and his bag was validly searched again an inventory. United States v. Ruffin, 2021 U.S. App. LEXIS 3351 (2d Cir. Feb. 8, 2021). Defendant’s … Continue reading

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N.D.Ohio: Vaguely matching description except for race and wearing a hoodie wasn’t RS

“The Court finds that the articulable justification presented for initially stopping Defendant was that he was a black male wearing a black hoodie in the vicinity of Washington Park. Based on the totality of the circumstances, and considering the information … Continue reading

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E.D.Wis.: Manipulating screen of locked cell phone to see calls was a search

Police manipulating the emergency function of a locked cell phone screen to attempt to see if a particular call came in was an impermissible search, but the government showed inevitable discovery applies. United States v. Jones, 2021 U.S. Dist. LEXIS … Continue reading

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CA8: “where one draws the line between” independent source and inevitable discovery doctrines “is unimportant”

“Although the distinction between the independent-source and inevitable-discovery doctrines is not sharp …, where exactly one draws the line between the two doctrines is unimportant.” United States v. Baez, 2020 U.S. App. LEXIS 40551 (8th Cir. Dec. 29, 2020):

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W.D.La.: Protective sweep for AK-47 was reasonable on knock-and-talk for weapon, denial of entry, and smelling MJ; one officer was to leave for SW

Police properly conducted a protective sweep for an AK-47 after a knock-and-talk did not gain entry. Police had an anonymous source, and defendant was an alleged felon in possession, and they went for a knock-and-talk. Defendant refused to consent, and … Continue reading

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CA6: Pleading false information used to get SW overcame QI at this stage

Pleading that defendants used false information to get a search warrant for them. That was enough to get around qualified immunity, and the district court erred in dismissing at this stage. Marvaso v. Sanchez, 2020 U.S. App. LEXIS 26723 (6th … Continue reading

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MA: When seizing digital devices under SW, looking at camera pictures didn’t require exclusion where not mentioned in SW for camera

During a search of defendant’s house under a warrant that included seizing digital devices, the officer turned on a camera and scrolled through the pictures. When the warrant was sought for the camera, no mention was made, and inevitable discovery … Continue reading

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CA2: Second Tasing of nonresisting detainee was unreasonable

On this record, the second Tasing of plaintiff could be found unreasonable for lack of resistance, which the jury did. Jones v. Treubig, 2020 U.S. App. LEXIS 19883 (2d Cir. June 26, 2020). The search under defendant’s consent for “firearms/evidence” … Continue reading

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D.Minn.: Is changing cell phone settings before SW issued a search? SW moots that issue

The court does not have to decide whether changing the settings on defendant’s cell phone prior to obtaining a search warrant for it was a search. The later issuance of a search warrant for the phone moots that point because … Continue reading

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SD: Finding arrest warrant here was attenuated from the stop

On the totality, the finding of an arrest warrant curing an allegedly illegal stop favors the state on application of the exclusionary rule under Strieff. “Because the connection between Mousseaux’s detention and the subsequent search incident to her arrest was … Continue reading

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W.D.N.Y.: Inevitable discovery obviated def’s Franks challenge

A Franks hearing wasn’t required because the court finds that, even if Franks could be satisfied here, the evidence was inevitably found. United States v. Chapline, 2020 U.S. Dist. LEXIS 104509 (W.D. N.Y. June 12, 2020). It was reasonable to … Continue reading

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CA6: Alleged lack of nexus in showing of PC saved by GFE

Defendant challenges the lack of nexus of his alleged conduct to the premises, but it doesn’t matter because the good faith exception applies. United States v. Novak, 2020 U.S. App. LEXIS 17133 (6th Cir. May 29, 2020). Inconsistent and implausible … Continue reading

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CA3: Driving on suspended DL justifies inventory of car, so search was inevitable

Defendant was driving on a suspended license, and it was inevitable that his car would be towed and inventoried. The search was thus not suppressed. United States v. Bradley, 2020 U.S. App. LEXIS 15593 (3d Cir. May 15, 2020). The … Continue reading

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TN: DNA sample was subject to inevitable discovery where def was subjected to another one for a homicide two years later

Defense counsel wasn’t ineffective for not objecting to a DNA sample where defendant claimed it exceeded his consent. The post-conviction court found that it didn’t. Moreover, discovery was inevitable because another DNA sample was validly taken two years later as … Continue reading

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NC: Flipping off officer not disorderly conduct; stop suppressed

Flipping off the officer wasn’t disorderly conduct justifying the stop. The community caretaking function also does not apply. State v. Ellis, 2020 N.C. LEXIS 363 (May 1, 2020). The state could not show that defendant’s statements were inevitably discovered from … Continue reading

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CA6: Asking about drugs in car during normal incidents of stop not unreasonable under Rodriguez

Defendant’s admission he possessed marijuana in his car was within the normal incidents of the traffic stop, Therefore, the officer could extend the stop under Rodriguez. United States v. Lott, 2020 U.S. App. LEXIS 10237 (6th Cir. Apr. 1, 2020). … Continue reading

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