D.Minn.: If warrant lacked PC or was defective, def’s admissions in questioning would have led to another search warrant based on more, so inevitable discovery applies

Police doing a child porn investigation with an allegedly defective search warrant come to defendant to talk about it, and his admissions are enough that the police would have obtained a search warrant if they already didn’t have one. Therefore, this satisfies the inevitable discovery exception. United States v. Lofald, 2015 U.S. Dist. LEXIS 101951 (D.Minn. August 3, 2015), R&R 2015 U.S. Dist. LEXIS 102694 (D. Minn. June 3, 2015).

Defendant was a police officer accused of drinking before his shift and crashing his patrol car. Before he was charged, he and defense counsel decided to release some of his medical records from the hospital because they believe it undermined the claim he was under the influence. Later, a search warrant was used to get all the records. Defendant changed counsel and claimed ineffective assistance. Since he wasn’t charged yet, the right to counsel hadn’t attached, so the Sixth Amendment IAC claim fails. The inevitable discovery argument isn’t reached. State v. Mosback, 2015 Conn. App. LEXIS 293 (August 11, 2015).*

Defendant was arrested and accused of rape after his victim saw him unexpectedly on the street and told the police. The search of his car would have inevitably occurred by an inventory when he was arrested. Commonwealth v. Pearson, 87 Mass. App. Ct. 720 (August 4, 2015).*