inevitable-discovery

29 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6455 Mark Bolling v. United States Fourth Circuit 2025-12-31 Pending Response WaivedIFP exclusionary-rule fourth-amendment impeachable-fact inevitable-discovery nix-standard search-and-seizure Whether the presence of impeachable fact is required under Nix before an inevitable discovery analysis can be allowed in the context of a Fourth Amend…
25-5499 Timothy Alexander v. New York New York 2025-08-28 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-rights exclusionary-rule fifth-amendment inevitable-discovery interrogation police-misconduct Whether the exclusionary rule applies when police violate a suspect's Constitutional Rights multiple times during a continuous interrogation, and whet…
24-6511 Ian Mitcham v. Arizona Arizona 2025-02-10 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure dna-profile fourth-amendment inevitable-discovery law-enforcement search-and-seizure Does inevitable discovery require an independent alternative investigation that is in progress at the time of the illegal search?
24-6023 Leonardo Terrazas v. United States Fifth Circuit 2024-11-22 Denied Response WaivedIFP constitutional-rights exclusionary-rule fourth-amendment inevitable-discovery law-enforcement search-and-seizure Whether the Fifth Circuit's application of the inevitable-discovery doctrine conflicts with Supreme Court precedent
23-7323 Damon Todd Carey v. United States Third Circuit 2024-04-26 Denied Response WaivedIFP exclusionary-rule expert-testimony fourth-amendment good-faith good-faith-doctrine independent-source inevitable-discovery probable-cause warrant-requirement Whether the 'inevitable discovery' doctrine requires the alternative theory to be active during the illegal search, and whether illegally obtained evi…
23-7321 Bentley Streett v. United States Tenth Circuit 2024-04-26 Denied IFP exclusionary-rule fourth-amendment good-faith-exception inevitable-discovery probable-cause search-and-seizure search-warrant warrant-defect warrant-requirement Whether the good-faith exception applies to save evidence obtained through an unconstitutional warrant because, hypothetically, if the magistrate had …
23A831 Bentley Streett v. United States Tenth Circuit 2024-03-11 Presumed Complete circuit-split exclusionary-rule fourth-amendment inevitable-discovery search-warrant warrant-requirement Whether the inevitable discovery doctrine under the Fourth Amendment permits suppression of evidence to be excused based on a hypothetical warrant tha…
23-6715 Re'Shaun Lamonte Wilborne v. United States Fourth Circuit 2024-02-09 Denied Response WaivedIFP criminal-procedure evidence exclusionary-rule fourth-amendment inevitable-discovery inventory-search probable-cause search-and-seizure Whether the inventory search doctrine can be invoked on slight evidence when no written inventory search policy was produced and the police officer's …
23-6448 Stephen Dudley Brunson v. United States Fifth Circuit 2024-01-10 Denied Response WaivedIFP 4th-amendment arrest drug-interdiction fourth-amendment inevitable-discovery law-enforcement pretext probable-cause search-and-seizure traffic-stop Whether officers may cure an unlawfully prolonged traffic stop by arresting the motorist for the traffic violation or claiming inevitable discovery ba…
23-6034 Alfredo Sanchez Barboza v. Pennsylvania Pennsylvania 2023-11-16 Denied Response WaivedIFP 4th-amendment contraband exclusionary-rule fourth-amendment inevitable-discovery inventory-search probable-cause standardized-protocol subjective-motivation Whether the inevitable discovery doctrine validates the prior illegal seizure of a controlled substance and drug paraphernalia when the police officer…
22-7629 Jose Luis Nunez v. United States Ninth Circuit 2023-05-24 Denied Amici (1)Response RequestedResponse WaivedRelisted (2)IFP circuit-split exigent-circumstances fourth-amendment inevitable-discovery probable-cause protective-sweep search-and-seizure warrant-requirement warrantless-search Whether police may enter and perform a 'protective sweep' of a home not proximate to an arrest scene and when they lack affirmative information sugges…
22-5858 Heather Nicole Trogdon v. United States Eighth Circuit 2022-10-18 Denied Response WaivedIFP 4th-amendment 5th-amendment criminal-procedure eighth-circuit evidence fourth-amendment inevitable-discovery inventory-search policy probable-cause Does the inevitable discovery doctrine apply when it is based on the expectation that an inventory search of an arrestee's backpack will occur at the …
21-7277 Sadeen Jones v. Pennsylvania Pennsylvania 2022-03-04 Denied IFP carpenter-v-united-states cell-site-location-information criminal-procedure fourth-amendment inevitable-discovery initial-illegal-search probable-cause search-and-seizure search-warrant warrant-requirement Is this matter so identical to Carpenter v. United States that like that case, this Petition for WRIT OF CERTIORARI should be reviewed, and granted re…
21-6487 Lisa Marie Cano v. United States Ninth Circuit 2021-12-01 Denied Response WaivedIFP burden-of-proof civil-procedure court-of-appeal court-of-appeals evidence historical-facts inevitable-discovery investigating-officer investigation verification Whether a court of appeal's inference regarding the future course of an investigation, unsupported by testimony from the investigating officer or by e…
20-8014 Kelvin Baez v. United States Eighth Circuit 2021-05-13 Denied Response WaivedIFP 4th-amendment civil-rights due-process evidence-admission exclusionary-rule fourth-amendment inevitable-discovery inevitable-discovery-doctrine police-procedure search-and-seizure unlawful-search warrant-requirement Did the Court of Appeals err in expanding the inevitable-discovery doctrine to affirm the admission of evidence obtained during an unlawful search?
20-7651 Gonzalo Curiel v. California California 2021-04-02 Denied IFP exclusionary-rule fourth-amendment inevitable-discovery inevitable-discovery-rule police-misconduct probable-cause search-and-seizure warrant-requirement warrantless-search Whether the prosecution must prove that the alleged alternative police conduct was an ongoing legitimate investigation simultaneously occurring at the…
20-7416 James Lee Herman, Jr. v. United States Fourth Circuit 2021-03-10 Denied Response WaivedIFP 4th-amendment driving-under-the-influence exclusionary-rule fourth-amendment inevitable-discovery inevitable-discovery-doctrine probable-cause search-and-seizure traffic-stop Whether police officers who violated a driver's Fourth Amendment rights had probable cause to arrest the driver for driving under the influence and wo…
20-7098 Herminio Nicolas Reyes v. Georgia Georgia 2021-02-10 Denied Response WaivedIFP circuit-split constitutional-law criminal-procedure due-process exclusionary-rule inevitable-discovery police-misconduct search-and-seizure Whether the police officer must actively be pursuing a lawful means of obtaining evidence prior to the occurrence of the illegal misconduct under the …
20-6753 Andre Martel Winn v. United States Ninth Circuit 2021-01-04 Denied Response WaivedIFP circuit-split civil-rights due-process electronic-device-search electronic-devices fourth-amendment inevitable-discovery search-and-seizure supervisory-powers warrant warrant-validity Whether the Ninth Circuit's application of the inevitable-discovery-exception
20-5099 Lantrel DeKeith Wilson v. United States Sixth Circuit 2020-07-17 Denied Response WaivedIFP 4th-amendment 6th-circuit consent-search consent-to-search criminal-procedure inevitable-discovery motion-to-suppress search-and-seizure sixth-circuit supreme-court-precedent terry-stop Whether the decision of the Sixth Circuit Court of Appeals conflicts with Terry-v-Ohio
19-8809 Brandon Lee Alexander v. United States Sixth Circuit 2020-06-24 Denied Response WaivedIFP bad-faith constitutional-rights exclusionary-rule inevitable-discovery inventory-search law-enforcement primary-evidence search-and-seizure warrantless-search Whether the inevitable discovery rule exception to the exclusionary rule applies to primary evidence discovered during an unconstitutional warrantless…
19-7209 Jurother Lee Alston, Jr. v. United States Fourth Circuit 2020-01-08 Denied Response WaivedIFP 4th-amendment constitutional-rights criminal-procedure criminal-procedure-4th-amendment-exclusionary-rule evidence-law exclusionary-rule fourth-amendment inevitable-discovery nix-v-williams search-and-seizure What is the scope of the Inevitable Discovery doctrine originally set out in Nix v. Williams, 467 U.S. 431, 444 (1984)?
19-6595 Raymond Tavelle Holmes v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-11-13 Denied IFP cell-phone civil-procedure civil-procedure-28-usc-636 due-process fair-trial florida-statute-934.23 fourteenth-amendment fourth-amendment ineffective-counsel inevitable-discovery magistrate-judge objection procedural-error report-and-recommendation search-and-seizure severance similar-fact-evidence sixth-amendment standing third-party warrantless-search Whether the failure to sever counts deprived the P Whether the warrantless search and seizure of text williams-rule Whether the Magistrate Judge failed to file a report and recommendation as required, depriving the Petitioner the opportunity to file a written object…
19-5866 Jason Loera v. United States Tenth Circuit 2019-09-09 Denied Response WaivedIFP circuit-court-split circuit-courts electronic-evidence fourth-amendment fourth-amendment-jurisprudence fourth-amendment-protections inevitable-discovery search-and-seizure state-courts technological-advances warrant-requirement Are the federal circuit courts and state courts of last resort analyzing and applying the inevitable discovery doctrine in a manner eviscerating the F…
18-9788 Sarah Denise Cardwell v. South Carolina South Carolina 2019-06-25 Denied Response WaivedIFP computer-search evidence-seizure fourth-amendment inevitable-discovery plain-view-doctrine probable-cause search-and-seizure warrant warrant-requirement warrantless-search Whether the Supreme Court of South Carolina erred in applying a standard of 'more likely than not' in concluding under the Fourth Amendment's plain vi…
18-9305 Joshua Chapman-Sexton v. United States Sixth Circuit 2019-05-16 Denied Response WaivedIFP child-pornography exclusionary-rule fourth-amendment fourth-amendment-search-and-seizure inevitable-discovery probable-cause search-warrant warrantless-search Whether the inevitable discovery exception to the Fourth Amendment exclusionary rule applies
18-8186 Kirby Gant v. United States Eleventh Circuit 2019-02-28 Denied Response WaivedIFP 4th-amendment automobile-exception civil-rights criminal-procedure eleventh-circuit inevitable-discovery inventory-search plain-view-doctrine probable-cause search-and-seizure vehicle-search Whether the Eleventh Circuit erred by finding that the automobile exception applied when the district court made no findings that the vehicle was read…
18-7309 Kevin Balfour v. United States Sixth Circuit 2019-01-08 Denied Response WaivedIFP civil-rights constitutional-rights exclusionary-rule fourth-amendment home-invasion inevitable-discovery police-procedure protective-sweep search-and-seizure warrant-requirement warrantless-search Does the inevitable-discovery doctrine unlawfully and/or improperly expand the limits of the protective-sweep exception to the Fourth-Amendment right …
18-6531 Tyler G. Eppes v. United States Armed Forces 2018-11-01 Denied Response WaivedIFP due-process evidence evidence-suppression inevitable-discovery military-magistrate personal-bags scope-of-search scrivener's-error search-authorization search-warrant serivener's-error Was this an error?