CA4: The officer knew def had a gun before def’s alleged involuntary confession

The government proved inevitable discovery. “The record makes clear that before Alston made any involuntary admissions, Captain Aleem believed that Alston possessed a gun, had the probable cause necessary to search the car, and intended to find the gun. The record thus establishes that Captain Aleem not only could have searched the car but also would have done so. Accordingly, the district court did not err in admitting the gun.” United States v. Alston, 2019 U.S. App. LEXIS 31814 (4th Cir. Oct. 24, 2019).

Nothing seized in this case came from defendant—it came from the ground around him, and he had no reasonable expectation of privacy in the things on the ground. United States v. Johnson, 2019 U.S. Dist. LEXIS 183928 (D. Nev. Oct. 24, 2019).*

This entry was posted in Inevitable discovery, Reasonable expectation of privacy. Bookmark the permalink.

Comments are closed.