KS: The state has to plead inevitable discovery and allow a record to be made or it defaults it

All the factors of inevitable discovery favor suppression of the evidence, even under Strieff. Moreover, for the state to claim inevitable discovery, it has plead it in the trial court and allow a record to be made. State v. Sanders, 2019 Kan. LEXIS 196 (July 26, 2019).

The question of good faith exception was raised in the district court for the first time on appeal from the lower court (which becomes the lowest appellate court level) but the record is incomplete. The parties here admit that it was briefed below although the briefs aren’t in the record. The admission is enough to show that it was raised below. State v. Kruse, 303 Neb. 799 (July 26, 2019).*
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