CA4: Seizure of firearm was inevitable; def would have been arrested for DUI and searched incident to arrest anyway

“[W]e conclude that the district court did not err in crediting the arresting officer’s testimony and finding that the arresting officer had probable cause to arrest Herman for driving under the influence. We further conclude that the district court did not err in finding that, absent the discovery of the firearm, the arresting officer would have arrested Herman for driving under the influence, would have searched him incident to that arrest, and inevitably would have discovered the firearm.” United States v. Herman, 2020 U.S. App. LEXIS 31824 (4th Cir. Oct. 7, 2020).*

Defendant’s investigative stop was based on reasonable suspicion and that led to a valid plain view. United States v. Desjarlais, 2020 U.S. Dist. LEXIS 185812 (D. Minn. Sept. 2, 2020),* adopted, 2020 U.S. Dist. LEXIS 185566 (D. Minn. Oct. 7, 2020).*

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