Category Archives: Inevitable discovery

FL2: Fireman reported to LEO that he saw drugs in house; police entry couldn’t rely on inevitable discovery where no effort to get warrant

A fire happened at defendant’s house, and the firefighters put it out. They saw some drugs and drug paraphernalia in the garage and told the police. On resweeping the house yet a second time for no apparent reason other than … Continue reading

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UT: State failed to prove inevitable discovery after warrantless entry into home investigating hit and run accident

Two police officers went to defendant’s home because the LPN on the car involved in a hit and run came back to that address. At the house, the housekeeper greeted them and said that defendant probably was driving the car. … Continue reading

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D.N.J.: Inevitable discovery applied: (1) officers were drafting affidavit for warrant and (2) there was overwhelming PC

The government proved inevitable discovery applied because (1) they had already started drafting the warrant when the allegedly illegal search occurred and (2) there was overwhelming probable cause for the search. United States v. Restitullo, 2016 U.S. Dist. LEXIS 144269 … Continue reading

Posted in Collective knowledge, Inevitable discovery, Reasonable suspicion | Comments Off

DC: Inevitable discovery applied to cell phone search in 2002 rather than GFE

Inevitable discovery used to justify a search of a cell phone in 2002 because it might have been unreasonable under Riley from 2014 (no mention of good faith exception applied to pre-Riley searches). Logan v. United States, 2016 D.C. App. … Continue reading

Posted in Cell phones, Good faith exception, Inevitable discovery | Comments Off

CA7: Inevitable discovery doesn’t apply to DNA blood draw [via a habeas appeal]

The Seventh Circuit here dealt with a Fourth Amendment IAC claim. The court dealt with the Fourth Amendment merits, which was far easier, rather than get into the complexity of Stone v. Powell deterrence issue under a § 2254 claim. … Continue reading

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DC: That govt could have gotten a SW isn’t enough for inevitable discovery

Defendant’s admission that she “trashed” defendant’s stuff and it was in her hotel room was probable cause to believe there was evidence of a crime, but there was no exigency for a warrantless entry. Simply arguing that the government could … Continue reading

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E.D.Mich.: Detailed tip about def coupled with seeing bulge of a gun was RS

Aside from the detailed tip the police had about defendant, the officer saw the bulge of a gun, and that was reasonable suspicion. United States v. Bridges, 2016 U.S. Dist. LEXIS 95367 (E.D.Mich. July 21, 2016).* Defendant’s patdown at the … Continue reading

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CA6: The govt fails on its burden on independent source after an illegal search; deterrence rationale of exclusionary rule applies

The police conducted an illegal search then got a search warrant. The District Court suppressed, and the Sixth Circuit affirms finding the government did not satisfy the independent source rule. Moreover, it finds the deterrence rationale of the exclusionary rule … Continue reading

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WI S.Ct. decides inevitable discovery for first time and it overcomes a statement obtained in bad faith

Wisconsin Supreme Court decides the inevitable discovery rule for the first time. Despite officer’s bad faith in obtaining a statement without proper Miranda warnings, the evidence is clear to the Supreme Court that the search would have occurred without statement. … Continue reading

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IA: Def’s search may have violated “plain feel” when drugs removed, but search incident would have occurred shortly

The search of defendant may have violated “plain feel” because the drugs in his pocket obviously weren’t a weapon, it was inevitably discovered because it was the product of a search incident for finding drugs on the car. Stephen v. … Continue reading

Posted in Drug or alcohol testing, Inevitable discovery | Comments Off

CA8 decides merits of state search claim to find it valid and thus no “Strickland prejudice”

Defendant suffered no Strickland prejudice from defense counsel’s failure to file a motion to suppress the contents of a Crown Royal bag that was found in a search for a long barrelled gun. A kitchen cabinet was opened and drugs … Continue reading

Posted in Apparent authority, Consent, Inevitable discovery | Comments Off

S.D.N.Y.: Arrest for avoiding subway fare led to inevitably finding gun; good explanation of analytical steps

Officers had probable cause to stop defendant for using the service gate at the Bronx 233d St. subway station without paying. He was a frequent flyer, as it were, and that led to a custodial arrest. He had a knife … Continue reading

Posted in Inevitable discovery, Inventory, Search incident | Comments Off