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, and defense counsel couldn’t be ineffective for not challenging it. State v. Nolt, 298 Neb. 910, 2018 Neb. LEXIS 21 (Feb. 9, 2018):

Under the inevitable discovery doctrine, evidence obtained without a valid warrant is nonetheless admissible if the State shows by a preponderance of the evidence that the police would have obtained the disputed evidence by proper police investigation entirely independent of the illegal investigative conduct. Here, the GPS data was obtained the same day that the warrant was issued. Thus, even if the GPS data was obtained before the warrant was issued, the police would have obtained the same evidence pursuant to the warrant that was issued. Accordingly, the GPS evidence would still have been admissible and the result of the trial the same.