The search of defendant\u2019s car was unreasonable and not supported by any exception. The inevitable discovery exception didn\u2019t apply because it was going to be towed it could be inventoried because it was lawfully parked in a parking space in an apartment complex parking lot. It wasn\u2019t on the roadway. United States v. Bennett, 2013 U.S. Dist. LEXIS 142513 (S.D. Ga. August 19, 2013).<\/p>\n
Prior appellate decision that defendant was lawfully arrested before he made his statement incriminating himself binds this case since it was the same arrest. State v. Cox<\/a>, 2013 Tenn. Crim. App. LEXIS 855 (September 30, 2013).*<\/p>\n Defendant was brought back to the scene of a hit and run accident as a passenger with her boyfriend. He at first said he was at fault, but the officer didn\u2019t believe him, so he talked to her and she broke down and admitted it was her and he had too much to drink. This was a consensual encounter. Lewis v. State<\/a>, 412 S.W.3d 794 (Tex. App. \u2013 Amarillo September 30, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading