{"id":64705,"date":"2026-08-25T16:06:07","date_gmt":"2026-08-25T21:06:07","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=64705"},"modified":"2026-08-25T16:06:07","modified_gmt":"2026-08-25T21:06:07","slug":"d-c-cir-it-was-reasonable-for-officers-to-conclude-that-evidence-or-instrumentalities-of-the-crime-would-be-found-in-the-car-used-in-a-robbery","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=64705","title":{"rendered":"D.C.Cir.: It was reasonable for officers to conclude that evidence or instrumentalities of the crime would be found in the car used in a robbery"},"content":{"rendered":"\n<p>It was reasonable for officers to conclude that evidence or instrumentalities of the crime would be found in the car used in a robbery. A mistaken description of the location of the car in the warrant was neither intentional nor reckless for Franks. \u201cIn sum, although we decline to opine on whether the 9-1-1 call, dialed to determine the number connected to the Samsung device, constituted an unlawful search for which the Detective should have obtained a warrant, we hold that the evidence obtained from the phone would have been inevitably discovered because the phone number itself was ultimately immaterial to whether the search warrant would have been granted.\u201d United States v. Onyewu, 2026 U.S. App. LEXIS 25421 (D.C. Cir. Aug. 21, 2026).*<\/p>\n\n\n\n<p>The officer\u2019s question about a thing in the car was not related to the traffic stop, and it extended the stop. The court finds, however, that the government showed inevitable discovery applied, and the evidence will not be suppressed. United States v. Drew, 2026 U.S. Dist. LEXIS 188321 (N.D. Okla. Aug. 21, 2026).*<\/p>\n\n\n\n<p>Defendant and his girlfriend were breaking up, and she validly consented to entry into the home, but she didn\u2019t have apparent authority to consent to entry into his safe in the house. United States v. Ricker, 2026 U.S. Dist. LEXIS 188230 (D. Nev. Aug. 21, 2026).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>It was reasonable for officers to conclude that evidence or instrumentalities of the crime would be found in the car used in a robbery. A mistaken description of the location of the car in the warrant was neither intentional nor &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=64705\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[30,36,20,35,59],"tags":[],"class_list":["post-64705","post","type-post","status-publish","format-standard","hentry","category-apparent-authority-2","category-automobile-exception","category-probable-cause","category-reasonable-suspicion","category-scope-of-search"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64705","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=64705"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64705\/revisions"}],"predecessor-version":[{"id":64706,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64705\/revisions\/64706"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=64705"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=64705"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=64705"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}