Category Archives: Inevitable discovery

CA9: On remand for a hearing on inevitable discovery, the district court found it applied three ways

On remand from United States v. Harris, 642 Fed. Appx. 713 (9th Cir. 2016), the district court had a hearing on application of inevitable discovery. “At the supplemental hearing, the district court made three findings in determining that the inevitable … Continue reading

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N.D.Ga.: Govt bore burden of proof on inevitable discovery and failed; weak hearsay not credited

The issue of inevitable discovery was treated as an aside by the government, although it bore the burden of proof on it. It seeks the use of hearsay on inevitable discovery that was hard to credit considering the posture of … Continue reading

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CA3: Hiding computer evidence when def learns SW coming is “contemporaneously with arrest” for U.S.S.G. 3C1.1

Defendant panicked when he heard the police were coming to his house to search, and he moved files to his computer recycling bin. The court finds this was “contemporaneously with arrest” for U.S.S.G. 3C1.1, but, because they were easily recovered, … Continue reading

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TX: Even if suppression motion is made in trial, state bears burden on a warrantless search

Whether a motion to suppress is filed pretrial or during trial, if the search is shown to be warrantless, the burden shifts to the state to prove the legality of the warrantless search. White v. State, 2018 Tex. Crim. App. … Continue reading

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E.D.N.Y.: Def’s search incident of his backpack for fraudulent use of a Metrocard was valid at least on GFE and inevitable discovery

Defendant was stopped for using a school student’s Metrocard to get on the NYC subway because he looked and was a so older. His backpacked was removed, and he was handcuffed. His backpack was searched incident to his arrest. The … Continue reading

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CAAF: Inevitable discovery and lack of bad faith saved AFOSI’s exceeding scope of search authorization

AFOSI officers exceed the military search authorization which omitted defendant’s bags. They’d sought a search of the bags and it was within the confines of the affidavit. There was no bad faith, and they were actively investigating pursuing leads on … Continue reading

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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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