inevitable discovery doctrine in Iowa

2020See State v. Christianson, 627 N.W.2d 910, 912 (Iowa 2001) (noting that under the inevitable-discovery doctrine, “relevant, probative evidence gathered despite Fourth Amendment violations is not constitutionally excluded when the police would have inevitably discovered the same evidence acting properly”).

2020The State tries to save the evidence obtained from the unlawfully-searched cell phone by arguing the seizure of the cell phone can be upheld under the inevitable discovery doctrine, under which “relevant, probative evidence gathered despite Fourth Amendment violations is not constitutionally excluded when the police would have inevitably discovered the same evidence acting properly.” State v. Christianson, 627 N.W.2d 910, 912 (Iowa 2001).

2017See State v. McGrane, 733 N.W.2d 671, 681 (Iowa 2007). 17 filing on April 17, 2015, three days after the suppression hearing and before the district court’s ruling on the motion to suppress, which was filed April 20.

2015See McGrane, 733 N.W.2d at 681 .

2021The inevitable discovery exception was first embraced by the United States Supreme Court in an Iowa case, Nix v. Williams. 467 U.S. 431 , 104 S. Ct. 2501 (1984).

2021The inevitable discovery exception was first embraced by the United States Supreme Court in an Iowa case, Nix v. Williams. 467 U.S. 431 , 104 S. Ct. 2501 (1984).

2007The inevitable discovery doctrine is “an extrapolation from the independent source doctrine: Since the tainted evidence would be admissible if in fact discovered through an independent source, it should be admissible if it inevitably would have been discovered.” Murray, 487 U.S. at 539 , 108 S. Ct. at 2534 , 101 L.

2007The inevitable discovery doctrine is “an extrapolation from the independent source doctrine: Since the tainted evidence would be admissible if in fact discovered through an independent source, it should be admissible if it inevitably would have been discovered.” Murray, 487 U.S. at 539 , 108 S. Ct. at 2534 , 101 L.

2025See Simmons, 714 N.W.2d at 275–76.

2022The court decided the deputy had sufficient probable cause to search the vehicle because of the marijuana odor and given the contraband in the vehicle, “Dorenkamp would have been arrested for possession of controlled substances even if he had not been patted down first.” 9 Betsinger’s challenge here fails on the first step of our analysis. “[I]n order to claim the protection of the Fourth Amendment, a defendant must demonstrate that he personally has an expectation of privacy in the place searched, and that his expectation is reasonable.” Minnesota v. Carter, 525 U.S. 83, 88 (1998); Lowe, 812

2022The court decided the deputy had sufficient probable cause to search the vehicle because of the marijuana odor and given the contraband in the vehicle, “Dorenkamp would have been arrested for possession of controlled substances even if he had not been patted down first.” 9 Betsinger’s challenge here fails on the first step of our analysis. “[I]n order to claim the protection of the Fourth Amendment, a defendant must demonstrate that he personally has an expectation of privacy in the place searched, and that his expectation is reasonable.” Minnesota v. Carter, 525 U.S. 83, 88 (1998); Lowe, 812

2020State v. Vincik, 436 N.W.2d 350, 354 (Iowa 1989); see also Hogan v. Kelley, 826 F.3d 1025, 1028 (8th Cir. 2016) (“For [the inevitable discovery doctrine] to apply, the government must prove by a preponderance that there was a reasonable probability that the evidence would have been discovered by lawful means in the 10 absence of police misconduct and that the government was actively pursuing a substantial, alternative line of investigation at the time of the constitutional violation.”).

2020State v. Vincik, 436 N.W.2d 350, 354 (Iowa 1989); see also Hogan v. Kelley, 826 F.3d 1025, 1028 (8th Cir. 2016) (“For [the inevitable discovery doctrine] to apply, the government must prove by a preponderance that there was a reasonable probability that the evidence would have been discovered by lawful means in the 10 absence of police misconduct and that the government was actively pursuing a substantial, alternative line of investigation at the time of the constitutional violation.”).

2019A search incident to arrest “allows a police officer ‘to search a lawfully arrested individual’s person and the immediately surrounding area without a warrant.’” State v. Christopher, 757 N.W.2d 247, 249 (Iowa 2008)) (quoting United States v. O’Connell, 408 F. Supp.2d 712, 723 (N.D.

2019See State v. Seager, 571 N.W.2d 204, 211 (Iowa 1997).

2019A search incident to arrest “allows a police officer ‘to search a lawfully arrested individual’s person and the immediately surrounding area without a warrant.’” State v. Christopher, 757 N.W.2d 247, 249 (Iowa 2008)) (quoting United States v. O’Connell, 408 F. Supp.2d 712, 723 (N.D.

2018See State v. Green, No. 06-2051, 2008 WL 680385, at *5 (Iowa Ct. App. Mar. 14, 2008).

2017State v. Tyler, 867 N.W.2d 136, 171 (Iowa 2015).

2017Tyler, 867 N.W.2d at 171 .

2015State v. Keopasaeuth, 645 N.W.2d 637, 639-40 (Iowa 2002).

1979In Brown v. Illinois, 422 U.S. 590, 599-600 , 95 S.Ct. 2254, 2259-60 , 45 L.Ed.2d 416 , 424—25 (1975), the Court recited the two regularly recognized purposes of the exclusionary rule: deterrence of lawless conduct by the police and protection of judicial integrity. 6 The opponents of the inevitable discovery doctrine claim that it frustrates the deterrence purpose by sanctioning “end runs and shortcuts.” Crews, 389 A.2d at 293-94 ; Castellana, 488 F.2d at 68 ; Pa. Comment, supra at 1143.

1979In Brown v. Illinois, 422 U.S. 590, 599-600 , 95 S.Ct. 2254, 2259-60 , 45 L.Ed.2d 416 , 424—25 (1975), the Court recited the two regularly recognized purposes of the exclusionary rule: deterrence of lawless conduct by the police and protection of judicial integrity. 6 The opponents of the inevitable discovery doctrine claim that it frustrates the deterrence purpose by sanctioning “end runs and shortcuts.” Crews, 389 A.2d at 293-94 ; Castellana, 488 F.2d at 68 ; Pa. Comment, supra at 1143.