Category Archives: Inevitable discovery

S.D.Tex.: No 5A protection on phone pass code, and inevitable discovery applies

The foregone conclusion rationale for access to passcodes for cell phones. There was no Fifth Amendment privilege to providing the passcodes. Inevitable discovery applies. United States v. Zhengdong Cheng, 2022 U.S. Dist. LEXIS 6437 (S.D.Tex. Jan. 12, 2022):

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MA: A computer check during a traffic stop would dispel any RS, and failure to do so was unreasonable

Defendant’s car had an inspection rejection sticker for safety defects, but state law grants a 60 day grace period for correction. A computer check would have answered any questions. “Accordingly, we conclude that whether the troopers’ suspicion was reasonable in … Continue reading

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MT: When def asserts right to a SW on curtilage, deputy should have left if no exigency

When a sheriff’s deputy came on the curtilage to talk to defendant, defendant asserted his right to a warrant and refused to talk to him. While there were no No Trespassing signs, defendant’s assertion was enough to manifest his reasonable … Continue reading

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W.D.Ky.: Fireman jumping through def’s car window to stop him was unjustified and a search and seizure

A volunteer fireman diving into defendant’s car to keep him from driving away was a search and seizure. And, the community caretaking function did not apply. “Here, Wahl lacked any specific and articulable facts that Fairrow would be dangerous to … Continue reading

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TX1: Commercial truck driver had standing to challenge seizure of cell phone from truck after his arrest

Defendant retained a reasonable expectation of privacy in his cell phone that was left in the semi he was driving for a commercial carrier when he was arrested. The owner of the truck retrieved the phone and sent it to … Continue reading

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ID: Officer taking DL and handing it to another officer to check was a seizure requiring RS; anonymous CI was not corroborated

Reasonable suspicion was required when the officer retained defendant’s driver’s license by taking it, leaving her presence, and giving it to another officer to run a license check. Defendant was thus detained because a reasonable person in her position would … Continue reading

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D.Utah: Officer finding an arrest warrant led to inevitable discovery

“As outlined above, Smith has put forth no evidence that he could have made a successful Fourth Amendment challenge to the stop and search of his vehicle. Even if he did, Smith could not demonstrate prejudice. As noted above, Trooper … Continue reading

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NC: Calling for drug dog right away here didn’t extend time, but the sniff became reasonable by RS otherwise developing

The officer here preemptively called for a drug dog before running the DL information on the occupants. That did not measurably extend the time. After calling for the dog, the officer found out there were warrants on one, and then … Continue reading

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CA11: Govt proved inevitable discovery despite const’l violation

The government showed that the investigation would have revealed the evidence despite the constitutional violation of tracking a package inside a house without a warrant. United States v. Watkins, 2021 U.S. App. LEXIS 27797 (11th Cir. Sept. 16, 2021):

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CA9: Govt proved inevitable discovery of victims despite suppressing search of motel room

The officers’ investigation had progressed enough to have embarked on a course to readily identify defendant’s victims before the illegal search of the motel room. The government proved inevitable discovery. In addition, this wasn’t so flagrant, despite the granting of … Continue reading

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CA11 (en banc): Preponderance standard required for inevitable discovery

“We granted rehearing en banc in this case to decide what standard of proof the government must satisfy to show that the evidence would ultimately have been discovered through lawful means without the constitutional violation. Must it show there was … Continue reading

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OH4: Automatic frisk of anyone officer got out of a car violates Terry

The officer’s policy to frisk anybody he gets out a vehicle, without regard to reasonable suspicioin they are armed, is unreasonable under Terry. However, “the totality of the circumstances present in the case sub judice supports the application of the … Continue reading

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S.D.Ga.: Inevitable discovery explained in a Rodriguez violation

The government established that inevitable discovery applied here despite a Rodriguez violation. United States v. Henderson, 2021 U.S. Dist. LEXIS 134131 (S.D.Ga. July 19, 2021). The court explains:

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N.D.Cal.: Failure to comply with state mental health hold law voids inventory occurring with it

An inventory following a mental health hold didn’t even come close to complying with state law to justify it, so the inventory was invalid. Inevitable discovery fails for lack of proof from the government. United States v. Rapada, 2021 U.S. … Continue reading

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CA5: The fact more information could have been gathered didn’t make what had been learned false

The fact the affiant officer could have checked other sources to determine the validity of his probable cause didn’t mean that the information in hand was false. Davis v. City of Andrews, 2021 U.S. App. LEXIS 17845 (5th Cir. June … Continue reading

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E.D.Mich.: Even with redactions, SW affidavit shows PC

Redacted search warrant application showed probable cause even with redactions. United States v. Rivers, 2021 U.S. Dist. LEXIS 104195 (E.D. Mich. June 3, 2021). The officer had called for a tow truck for defendant’s car and an inventory was inevitable, … Continue reading

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S.D.Tex.: Inevitable discovery by inevitable SW obviated dispute over consent

Inevitable discovery also supports the consent search of defendant’s cell phone obtained at the Sarita, Texas checkpoint. The officers had probable cause and told him they’d get a search warrant and he consented instead. The matter was clearly under active … Continue reading

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S.D.Tex.: Inevitable discovery applied to warrantless search of cell phone at immigration checkpoint

The fact the officers would have obtained a search warrant for defendant’s cell phone if one was sought here made the question of consent to search it moot. Inevitable discovery applies. This was at an immigration checkpoint. United States v. … Continue reading

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CA2: Later search of bag was inevitable discovery overcoming objection to first search

Even if the search of defendant’s bag was invalid, he was taken to the police station and his bag was validly searched again an inventory. United States v. Ruffin, 2021 U.S. App. LEXIS 3351 (2d Cir. Feb. 8, 2021). Defendant’s … Continue reading

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N.D.Ohio: Vaguely matching description except for race and wearing a hoodie wasn’t RS

“The Court finds that the articulable justification presented for initially stopping Defendant was that he was a black male wearing a black hoodie in the vicinity of Washington Park. Based on the totality of the circumstances, and considering the information … Continue reading

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