Friday, July 08, 2005

Inevitable Discovery Doctrine Saves Search

U.S. v. Cunningham, -- F.3d --, 2005 WL 1541074 (10th Cir. 7/1/05) - defendant appealed the denial of his suppression motion, contending his consent to search was coerced because he couldn't resist pressure from his police detective mom, who was in turn pressured by officers to convince him to consent. COA decides not to decide that because the inevitable discovery doctrine solves everything. If mom hadn't appeared on the scene, officers would have obtained a search warrant and the incriminating evidence would have been found.

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