Category Archives: Inevitable discovery

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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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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