Kansas holds that probable cause to get a warrant invoked inevitable discovery even though there was no effort to get a warrant

Police asked for consent three times to search defendant’s home while investigating odor of marijuana and they were refused by the defendant, but he finally relented because they said they would get a search warrant if he did not cooperate. That made the consent invalid. But, because there was probable cause, inevitable discovery allowed its admission into evidence. State v. Thompson, 37 Kan. App. 2d 589, 155 P.3d 724 (2007):

In Brown, the Kansas Supreme Court upheld the admission of evidence obtained without a warrant. The court held that Brown’s consent was not coerced when officers gave him the option of consenting and being searched at that time or waiting for a warrant, because the officers had sufficient probable cause to obtain the warrant. Brown, 245 Kan. at 613. The court appears to have upheld the admission of the evidence on both grounds. Because there was sufficient probable cause for the police to secure a warrant and they were in the process of obtaining the warrant, the evidence discovered on Brown would have inevitably been discovered. Additionally, because the police had sufficient probable cause to obtain a warrant, they did not impermissibly threaten him by stating they were applying for a warrant. 245 Kan. at 612-13.

The essential facts in the instant case are similar and require the same result as Brown as regards to inevitable discovery. There was enough probable cause to obtain a search warrant which would have led to the inevitable discovery of the evidence.

Comment: This is a screwy case that is just wrong. In the mind of this court, the fact they had probable cause and could have obtained a warrant excuses the fact that they did not obtain a warrant. The outcome here, then, nullifies the warrant requirement because the police can, at least in Kansas, argue that they could have gotten a warrant, therefore, their illegal entry into the house is excused under inevitable discovery. Therefore, is there no need to procure search warrants in Kansas if there is only probable cause? It also misapplies the inevitable discovery exception because there was no showing that the police where actively doing what they were supposed to do.

The affidavit failed to show a nexus between the crime and the place to be searched, so the warrant was invalid. But, it was saved by the good faith exception because none of the four exceptions applied. State v. Malm, 37 Kan. App. 2d 532, 154 P.3d 1154 (2007).*

Search of the trunk of defendant’s car was valid under search incident. United States v. Brown, 223 Fed. Appx. 245 (4th Cir. 2007)* (unpublished) (An Anders brief was filed, and defendant raised this issue himself.)

Eviction pursuant to a valid state court order was not an unlawful search and seizure. Sinclair v. United States, 2007 U.S. Dist. LEXIS 25583 (W.D. Mich. April 5, 2007).*

COA denied on a habeas claim which sought to raise a search and seizure claim that had been litigated to conclusion at every level of the state court proceedings. Hyde v. Brokofsky, 2007 U.S. Dist. LEXIS 25640 (D. Neb. April 5, 2007).*