Police doing a child porn investigation with an allegedly defective search warrant come to defendant to talk about it, and his admissions are enough that the police would have obtained a search warrant if they already didn\u2019t have one. Therefore, this satisfies the inevitable discovery exception. United States v. Lofald, 2015 U.S. Dist. LEXIS 101951 (D.Minn. August 3, 2015), R&R 2015 U.S. Dist. LEXIS 102694 (D. Minn. June 3, 2015).<\/p>\n
Defendant was a police officer accused of drinking before his shift and crashing his patrol car. Before he was charged, he and defense counsel decided to release some of his medical records from the hospital because they believe it undermined the claim he was under the influence. Later, a search warrant was used to get all the records. Defendant changed counsel and claimed ineffective assistance. Since he wasn\u2019t charged yet, the right to counsel hadn\u2019t attached, so the Sixth Amendment IAC claim fails. The inevitable discovery argument isn\u2019t reached. State v. Mosback<\/a>, 2015 Conn. App. LEXIS 293 (August 11, 2015).*<\/p>\n Defendant was arrested and accused of rape after his victim saw him unexpectedly on the street and told the police. The search of his car would have inevitably occurred by an inventory when he was arrested. Commonwealth v. Pearson<\/a>, 87 Mass. App. Ct. 720 (August 4, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":" Police doing a child porn investigation with an allegedly defective search warrant come to defendant to talk about it, and his admissions are enough that the police would have obtained a search warrant if they already didn\u2019t have one. Therefore, … Continue reading