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 Denied 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 1. Can inevitable discovery, as set forth by This Court in Nix V. Williams, be proven through the testimony of a detective not actively involved in …
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 For nearly four decades, courts have grappled with interpreting the inevitable discovery doctrine. Some courts, including the Second, Fifth, Eighth, a…
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—based on its assumption that officers would have discovered the same evid…
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 1. The district court concluded that since illegally obtained evidence found in Petitioners vehicle, was admissible due to'lthe application of the "…
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 Before government agents can search a private home, the Fourth Amendment generally requires them to obtain a warrant supported by probable cause. Here…
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 and how the inevitable-discovery doctrine applies to a defective warrant.
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 The police violated the Fourth Amendment when they searched Wilborne's backpack and recovered a firearm that formed the basis of the indictment filed …
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 Texas DPS Troopers stopped Stephen Brunson because his license plate was expired. They had planned, due to a tip they received, to ask for consent to …
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, upon application of the inevitable discovery doctrine, a hypothetical search pursuant to the inventory search exception to the Fourth Amendme…
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 1. Whether police may enter and perform a "protective sweep" of a home not proximate to an arrest scene and when they lack affirmative information sug…
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 A. Is this matter so identical to Carpenter v. United States, 138 S. Ct. 2206 (2018) that like that case, this Petition for WRIT OF CERTIORARI should …
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, wh…
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 1. In order the apply the "inevitable discovery rule" to uphold an otherwise illegal search and seizure is it necessary for the prosecution to prove t…
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 when they searched him during a traffic stop had probable cause to arrest the …
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, in conflict with the holdings of the U.S. Courts of Appeals for the Second, Fifth, Eighth, Eleventh and D.C. Circuits and several State court…
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 1. Whether the Ninth Circuit's application of the inevitable discovery exception—without requiring any factual basis to support it—is contrary to this…
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 I. Whether the decision of the Sixth Circuit Court of Appeals in affirming the District Court's denial of Lantrel Wilson's Motion to Suppress conflict…
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 In order to deny a motion to suppress where a warrantless inventory search is found to have violated the defendant's constitutional rights, should the…
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 (1). Whether this Court should exercise its discretionary certiorari jurisdiction and grant certiorari, vacate the judgment below, and remand the case…
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 1. Are the federal circuit courts and state courts of last resort analyzing and applying the inevitable discovery doctrine in a manner eviscerating th…
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 I. 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…
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 to a warrantless search of a flash drive finding child po…
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 SCRIVENER'S ERROR The lower court held that the search of petitioner's personal bags did not exceed the scope of the search authorization despite the …