{"id":17859,"date":"2015-07-01T07:05:53","date_gmt":"2015-07-01T12:05:53","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=17859"},"modified":"2015-07-01T09:03:58","modified_gmt":"2015-07-01T14:03:58","slug":"de-inevitable-discovery-saves-a-search-that-started-before-the-warrant-was-actually-signed","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=17859","title":{"rendered":"DE: Inevitable discovery saves a search that started before the warrant was actually signed"},"content":{"rendered":"

Although the search in this case started before the search warrant was actually issued, the court applies the inevitable discovery exception to sustain it. The house was secured by the police waiting for the warrant to arrive, the application for the warrant showed probable cause, and the fact that the search started a little too soon was not so egregious that the exclusionary rule should apply. The warrant inevitably would have arrived, so the motion to suppress is denied. State v. Lambert<\/a>, 2015 Del. Super. LEXIS 318 (June 22, 2015).<\/p>\n

On remand from the Texas Court of Criminal Appeals, defendant preserved his claim that his warrantless blood draw violated the Fourth Amendment. Leal v. State<\/a>, 2015 Tex. App. LEXIS 6460 (Tex.App.\u2013Houston (14th Dist.) June 25, 2015) on remand from 456 S.W.3d 567 (Tex. Crim. App. 2015).*<\/p>\n

Plaintiff invited officers with an arrest warrant based on an indictment into his home to arrest him. Then he sued and lost and then appealed. He doesn\u2019t file an intelligible brief on any issues that aren\u2019t foreclosed on their face. James v. Schafer<\/a>, 2015 U.S. App. LEXIS 10936 (5th Cir. June 24, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Although the search in this case started before the search warrant was actually issued, the court applies the inevitable discovery exception to sustain it. The house was secured by the police waiting for the warrant to arrive, the application for … Continue reading →<\/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":[50,24,55,68],"tags":[],"class_list":["post-17859","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-consent","category-drug-testing","category-inevitable-discovery"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17859","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=17859"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17859\/revisions"}],"predecessor-version":[{"id":17866,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17859\/revisions\/17866"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=17859"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=17859"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=17859"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}