Category Archives: Inevitable discovery

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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N.D.Fla.: Entry into motel room was valid with arrest warrant when officers reasonably believed he would be there

The U.S. Marshal’s fugitive task force, with arrest warrant in hand, was looking for defendant. They were watching his motel room and saw him outside and gave chase. They lost sight of him and circled back to his hotel room … Continue reading

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M.D.La.: Bench warrant surfacing for def made pat down legal by inevitable discovery even if frisk invalid

Officers responded to a wellness check and found two people passed out in a car. One couldn’t be roused, but defendant could and he was removed from the car and patted down for officer safety. The patdown was reasonable. Even … Continue reading

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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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