Category Archives: Inevitable discovery

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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D.Haw.: Def failed in her motion to reconsider overseizure by failure to specify exactly what was

Defendant’s motion to suppress was previously denied, but she was allowed to specify what documents were overseized. “[T]he court will consider a motion to suppress specific documents or other evidence based on proof that such items were seized and that … Continue reading

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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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