Category Archives: Inevitable discovery

CA4: Inevitable discovery applies to def’s name

The district court did not err in finding the inevitable discovery doctrine applied where officers responded to an assault call and saw defendant, believed to be a felon, with a gun. It was inevitable that police would have lawfully discovered … Continue reading

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OR: State’s inevitable discovery argument was speculative and rejected

The state’s argument that the finding of a used syringe and a “cooker” on him would have been found lawfully anyway during a patdown was based on speculation the court can’t accept. State v. Sigfridson, 287 Ore. App. 74, 2017 … Continue reading

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NY3: Def’s live-in girlfriend shared premises and had apparent authority to consent

Defendant’s girlfriend with whom he lived had apparent authority to consent to a search of their joint premises. People v. Gray, 2017 NY Slip Op 05873, 2017 N.Y. App. Div. LEXIS 5809 (3d Dept. July 27, 2017).* There were two … Continue reading

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IL: Because def’s car matched description of a stolen car, it was reasonable to handcuff def

Considering that the vehicle defendant was stopped in matched the description of a stolen car, it was reasonable for the officer to handcuff him. People v. Richardson, 2017 IL App (1st) 130203-B, 2017 Ill. App. LEXIS 314 (May 12, 2017). … Continue reading

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CA4: Inventory would happen so that’s inevitable discovery

The discovery of the contraband was by inevitable discovery because an inventory was going to occur in any event. The fact the policy wasn’t written isn’t determinative as long as it is reasonable. United States v. Bullette, 2017 U.S. App. … Continue reading

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CA11: No nexus shown for cell phone SW, but def was on probation, so inevitable discovery applies

Cell phone search warrant failed to show nexus between the phone and the alleged crime. In considering remedy, the court decides not to apply the good faith exception and instead goes with inevitable discovery. Defendant was on probation and there … Continue reading

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Cal.2d: Sandra Bullock’s stalker’s home search remains suppressed

Defendant was Sandra Bullock’s stalker arrested in her house. He lawyered up but the police kept questioning and got consent which was held involuntary by the trial court. The state appealed. They tried inevitable discovery, and that was rejected. Finally, … Continue reading

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NY4: Search of cell phone for texts led to SW; not inevitable discovery because SW sought because of illegal search

Defendant’s Fourth Amendment rights in his cell phone text messages were violated by the police searching them without a warrant. The fact they got a warrant later didn’t help them because that was the only reason to search the phone, … Continue reading

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LA5: PC developed in lengthy investigation excused lack of SW by inevitable discovery

It wasn’t reasonable for the police to believe that defendant’s father had apparent authority to consent to a search of locked box. However, inevitable discovery applies because the investigation was well underway, and there was probable cause for a search … Continue reading

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W.D.Ky.: Frisk was without RS, but computer check showed outstanding arrest warrant, so inevitable discovery applies

“In sum, at the time Browning decided to conduct a Terry pat-down of James’ outer clothing, he was faced with a suspect that (1) was present in a high-crime area, (2) was, by his own admission, recently released from prison … Continue reading

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