Category Archives: Inevitable discovery

D.N.M.: Search of camper being lived in parked on the street in violation of ordinance was inevitable

The question of standing and alleged illegal search of defendant’s camper were moot. The camper was parked on an Albuquerque city street where it’s illegal to live in a camper. Given those facts, the camper would have otherwise been inventoried, … Continue reading

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D.N.M.: A “manpower shortage” for seizure of possible evidence isn’t exigency without PC

Defendant consented to a search of his car and his hotel room, but not to a search of his guitar case in the room. Thinking there might be drugs there, the officer seized the guitar case to preserve the potential … Continue reading

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W.D.N.Y.: Getting def to unlock his phone wasn’t unreasonable because the SIM card would have been forensically searched later anyway

It was reasonable for POs to search defendant’s unapproved cell phone without a search warrant as a probation search. Making him use his face or get the password to unlock the phone was not unreasonable because the contents of the … Continue reading

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CA2: SI of backpack for a subway fare violation was unreasonable, but a search was inevitable as inventory

Defendant was arrested by NYPD for using a student fare MetroCard, and a computer search showed he was a transit recidivist. His backpack was searched. While it was an invalid search incident, he was taken to the precinct house and … Continue reading

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CA11: Border search of disabled vessel towed to port obviated need to decide warrantless planting of GPS on it

Defendant’s vessel broke down off West Palm Beach, and CBP boarded it when it was towed in for a border search. Nothing was found, but various things about the boat, like it’s prior owner was a drug trafficker and defendant’s … Continue reading

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D.N.M.: Lack of audible response on bodycam of request for consent leads court to conclude govt failed in its burden of proof

In another case involving a DEA’s interaction with a bus passenger in Albuquerque, the officer was friendly enough, but the parting colloquy was “Thank you. Thank you very much, sir. Sir, would you give me permission just to pat you … Continue reading

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ID: Unlawful warrantless search isn’t salvageable by inevitable discovery by later learning of probation search waiver

A unreasonable warrantless search is not cured by inevitable discovery because the officers later find out defendant was on probation and had a search waiver on file. State v. Maxim, 2019 Ida. LEXIS 216 (Dec. 4, 2019):

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CA3: Inevitable discovery applies because govt was drafting SW and there was “overwhelming” PC

Inevitable discovery applies: “The District Court based its decision to admit evidence from Restitullo’s apartment on three factors. First, police drafted the warrant application before Restitullo’s interrogation began. Second, ‘overwhelming’ probable cause existed to search Restitullo’s bedroom based on the … Continue reading

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CA9: Even if there was a Miranda violation, SW still valid

“Because no Miranda violation occurred, the police permissibly relied on Terui’s incriminating statements in obtaining the search warrant for his home. Even if a Miranda violation had occurred, however, suppression of the evidence found pursuant to the warrant would not … Continue reading

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CA4: The officer knew def had a gun before def’s alleged involuntary confession

The government proved inevitable discovery. “The record makes clear that before Alston made any involuntary admissions, Captain Aleem believed that Alston possessed a gun, had the probable cause necessary to search the car, and intended to find the gun. The … Continue reading

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D.Ariz.: Def had no REP against use of a zooming pole camera across from the front of his house

The DEA set up a pole camera across the street from defendant’s house to watch the comings and goings expecting a car to go to New Mexico with drugs. There is no reasonable expectation of privacy in what the camera … Continue reading

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E.D.Mich.: Court doesn’t believe officer on inventory as a justification, but impoundment of the vehicle would have happened anyway

“Defendant David Arnold was arrested for and charged with possession of a firearm by a felon after the Detroit police found a stolen handgun in the glovebox of the car he was driving. The police stopped the car because the … Continue reading

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