Evidence seized during warrantless search is saved from exclusion by application of inevitable discovery doctrine
SEARCH & SEIZURE United States v. Cunningham, No. 04-3026, ___ F.3d ___ (10th Cir. Jul. 1, 2005)(Kansas). Appeal of district court’s denial of motion to suppress evidence. HELD: Under inevitable discovery doctrine, evidence seized during search of defendant’s home was not subject to suppression under exclusionary rule. Despite defendant’s disputed consent to search, officers had strong probable cause and had taken substantial steps to obtain search warrant. Thus, under circumstances, warrant to search home would have been issued and incriminating evidence inevitably discovered. Read the opinion here. |
Comments on "Evidence seized during warrantless search is saved from exclusion by application of inevitable discovery doctrine"