{"id":34136,"date":"2018-08-04T07:55:28","date_gmt":"2018-08-04T12:55:28","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=34136"},"modified":"2018-08-04T07:55:28","modified_gmt":"2018-08-04T12:55:28","slug":"fl1-inevitable-discovery-requires-actual-effort-to-get-sw-or-exception-swallows-rule","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=34136","title":{"rendered":"FL1: Inevitable discovery requires actual effort to get SW or exception swallows rule"},"content":{"rendered":"

There was no attempt by the officers to secure a search warrant. Probable cause alone isn\u2019t enough: there has to be an effort to get a warrant for inevitable discovery to apply. \u201cAny other result would allow the exception to swallow the rule. If the inevitable discovery doctrine were applied this way, any time police have probable cause to search a home, they could do so without seeking a search warrant and the State would be permitted to introduce evidence seized in such a search by asserting that the evidence would have been discovered inevitably. Such a rule would eviscerate the warrant requirement.\u201d Clayton v. State<\/a>, 2018 Fla. App. LEXIS 10814 (Fla. 1st DCA Aug. 1, 2018).<\/p>\n

There was probable cause for the search warrant of defendant\u2019s house on the totality. United States v. Smith, 2018 U.S. Dist. LEXIS 128245 (W.D. N.C. July 5, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"

There was no attempt by the officers to secure a search warrant. Probable cause alone isn\u2019t enough: there has to be an effort to get a warrant for inevitable discovery to apply. \u201cAny other result would allow the exception to … 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":[68],"tags":[],"class_list":["post-34136","post","type-post","status-publish","format-standard","hentry","category-inevitable-discovery"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34136","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=34136"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34136\/revisions"}],"predecessor-version":[{"id":34137,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34136\/revisions\/34137"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=34136"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=34136"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=34136"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}