Category Archives: Inevitable discovery

E.D.Va.: Suit over opening medical records envelope as non-legal mail was frivolous

Suit over opening of non-legal mail, here medical records, was frivolous. Villafana v. Clarke, 2018 U.S. Dist. LEXIS 54893 (E.D. Va. Mar. 30, 2018). The first officer at the scene conducted a search without probable cause. A supervising officer appeared … Continue reading

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AF: Inevitable discovery validated finding CP while looking for text messages with minor

The search authorization was valid for text messages between defendant and a supposed 14-year-old girl. The AFOSI investigator found child pornography in what was thus found to be plain view. Even if, arguendo, the officer was looking for child pornography, … Continue reading

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ME: Entry on curtilage for “security check” just before SW issued was inevitable discovery

Officers arrested defendant’s housemate at a motel for attempting to buy oxycontin. Somehow, not described, this led to probable cause to search her house. While other officers were obtaining a search warrant, two officers went to the house for a … Continue reading

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N.D.Ohio: No IAC for not raising search issue that would lose on merits by inevitable discovery

“Nevertheless, Petitioner’s arguments for suppression do not succeed. [¶] This is because police ultimately found the firearm and ammunition from an independent source, thus defeating the need for suppression. Under the independent source doctrine, evidence that was ‘initially discovered during … Continue reading

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ID: Search of driver while waiting for confirmation of outstanding warrant suppressed; second search after finding it was valid; no inevitable discovery

Defendant was stopped for a traffic offense, and it came back that there might be a warrant for him. Under state practice, the police then seek confirmation of the warrant before acting on it. Here, however, defendant was frisked incident … Continue reading

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CA8: Def has burden of showing illegal detention was “but for” cause of finding evidence

Defendant was a known drug dealer, and he was parked with his hood open. He said he was checking the belt on the engine. The officer was not prohibited from approaching the car and looking under the hood, too. Defendant … Continue reading

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D.S.D.: Inevitable discovery cures a Rodriguez violation

While extending the stop violated Rodriguez, inevitable discovery applies and the evidence is not suppressed. United States v. Conteh, 2018 U.S. Dist. LEXIS 25542 (D. S.D. Feb. 16, 2018):

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E.D.Cal.: A civil detainee has no REP in his cell, despite not being a convict

A civil commitment detainee has more rights than a convict in a jail, but still practically none in his living area from a search for alleged contraband. Warrior v. Santiago, 2018 U.S. Dist. LEXIS 22742 (E.D. Cal. Feb. 12, 2018). … Continue reading

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NE: Even if OnStar produced information the same day before the SW actually issued, inevitable discovery applies

Defendant claimed that the police obtained his OnStar information just before the search warrant for it issued. While that’s not conceded, it doesn’t matter because the search warrant was issued and the information retrieved the same day. Inevitable discovery applies, … Continue reading

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ME: Inevitable discovery doctrine doesn’t provide an incentive for police misconduct

The drugs here would have been inevitably found one way or the other. The inevitable discovery rule doesn’t provide the police an incentive to not comply with Fourth Amendment protections. State v. Prinkleton, 2018 ME 16, 2018 Me. LEXIS 15 … Continue reading

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CA1: Inevitable discovery applies to patdown; safety ultimately justified it

The district court credited the testimony of the officer that the patdown was justified by legitimate safety concerns after he got inconsistent dates of birth from the passenger. While the patdown otherwise would have exceeded the scope of a lawful … Continue reading

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W.D.Mo.: Misreading a “hot sheet” for stop of a car was objectively reasonable mistake

Police had a “hot sheet,” a list of stolen cars from a car dealership, and were on the look out. “In this case, Officer Palmer believed that the red Dodge Challenger had been stolen from the dealership in Excelsior Springs, … Continue reading

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