ND: Trial court’s finding of investigatory purpose for inventory search supported by record

The district court found that the purported inventory search was really for investigatory purposes, and the evidence supports that conclusion. The inevitable discovery exception also does not apply here. State v. Krall, 2023 ND 8, 2023 N.D. LEXIS 9 (Jan. 20, 2023).

The officer here had a report of shots fired at defendant’s property, and he knew that defendant was a felon who could not possess firearms. The entry onto the curtilage was at least with reasonable suspicion. United States v. Thurman, 2022 U.S. Dist. LEXIS 236144 (E.D. Tenn. Dec. 12, 2022).*

The government said in the original prosecution that would not offer anything from the challenged search into evidence at the trial and it didn’t so the successor 2255 is denied for that reason, too. United States v. Dade, 2023 U.S. Dist. LEXIS 10405 (D. Idaho Jan. 19, 2023).*

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