inevitable discovery exception (Kentucky) · Go Syfert
← Kentucky issues

inevitable discovery exception in Kentucky

9 Kentucky opinions name it 2 courts 2002–2024 2 in the last five years

The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Hughes v. Commonwealthgreen
ky · 2002 · cited in 4 Kentucky opinions naming this issue, 2002–2019
2 sentences

2019Finally, we dispense with the Commonwealth's contention the seized evidence was admissible under the doctrine of inevitable discovery. *123 Under the inevitable discovery rule, it is permissible to admit "evidence unlawfully obtained upon proof by a preponderance of the evidence that the same evidence would have been inevitably discovered by lawful means." Hughes v. Commonwealth , 87 S.W.3d 850 , 853 (Ky. 2002) ( citing Nix v. Williams , 467 U.S. 431 , 104 S.Ct. 2501 , 81 L.Ed.2d 377 (1984) ).

2019Finally, we dispense with the Commonwealth's contention the seized evidence was admissible under the doctrine of inevitable discovery. *123 Under the inevitable discovery rule, it is permissible to admit "evidence unlawfully obtained upon proof by a preponderance of the evidence that the same evidence would have been inevitably discovered by lawful means." Hughes v. Commonwealth , 87 S.W.3d 850 , 853 (Ky. 2002) ( citing Nix v. Williams , 467 U.S. 431 , 104 S.Ct. 2501 , 81 L.Ed.2d 377 (1984) ).

34
Wallace v. Commonwealthgreen
ky · 2015 · cited in 2 Kentucky opinions naming this issue, 2015–2015
2 sentences

2015To reiterate, "[s]triking a juror for cause simply will not constitute a reversible abuse of discretion absent evidence of systematic exclusion (e.g., on the basis of race or gender) that undermines the fairness of the entire jury process." Wallace v. Commonwealth, S.W.3d , 2015 WL 4967099, *6 (Ky. 2015). 3 Because this Court discerns no error in the trial court concluding consent was voluntarily given, the issue whether the court erred in further finding suppression unnecessary under the inevitable discovery doctrine is moot. 9 There was ample reason for the trial court to believe that the ju

2015To reiterate, "[s]triking a juror for cause simply will not constitute a reversible abuse of discretion absent evidence of systematic exclusion (e.g., on the basis of race or gender) that undermines the fairness of the entire jury process." Wallace v. Commonwealth, S.W.3d , 2015 WL 4967099, *6 (Ky. 2015). 3 Because this Court discerns no error in the trial court concluding consent was voluntarily given, the issue whether the court erred in further finding suppression unnecessary under the inevitable discovery doctrine is moot. 9 There was ample reason for the trial court to believe that the ju

22
Nix v. Williamsgreen
scotus · 1984 · cited in 5 Kentucky opinions naming this issue, 2002–2022
2 sentences

2019Finally, we dispense with the Commonwealth's contention the seized evidence was admissible under the doctrine of inevitable discovery. *123 Under the inevitable discovery rule, it is permissible to admit "evidence unlawfully obtained upon proof by a preponderance of the evidence that the same evidence would have been inevitably discovered by lawful means." Hughes v. Commonwealth , 87 S.W.3d 850 , 853 (Ky. 2002) ( citing Nix v. Williams , 467 U.S. 431 , 104 S.Ct. 2501 , 81 L.Ed.2d 377 (1984) ).

2019Finally, we dispense with the Commonwealth's contention the seized evidence was admissible under the doctrine of inevitable discovery. *123 Under the inevitable discovery rule, it is permissible to admit "evidence unlawfully obtained upon proof by a preponderance of the evidence that the same evidence would have been inevitably discovered by lawful means." Hughes v. Commonwealth , 87 S.W.3d 850 , 853 (Ky. 2002) ( citing Nix v. Williams , 467 U.S. 431 , 104 S.Ct. 2501 , 81 L.Ed.2d 377 (1984) ).

15
Commonwealth v. Elliottgreen
kyctapp · 1986 · cited in 3 Kentucky opinions naming this issue, 2002–2019
2 sentences

2019"The rationale behind the rule is that it does not put the police in a better position than they would have been absent the error, but only puts them in the same position as if there had been no unlawful search." Commonwealth v. Elliott , 714 S.W.2d 494 , 496 (Ky. App. 1986) (citing Nix , 467 U.S. at 443 , 104 S.Ct. at 2509 , 81 L.Ed.2d 377 at 387 ).

2019"The rationale behind the rule is that it does not put the police in a better position than they would have been absent the error, but only puts them in the same position as if there had been no unlawful search." Commonwealth v. Elliott , 714 S.W.2d 494 , 496 (Ky. App. 1986) (citing Nix , 467 U.S. at 443 , 104 S.Ct. at 2509 , 81 L.Ed.2d 377 at 387 ).

13
United States v. Korvell Dennis Pittmangreen
ca7 · 2005 · cited in 1 Kentucky opinions naming this issue, 2006–2006
2 sentences

2006Seventh Circuit Judge Posner discussed this exception in United States v. Pittman, 411 F.3d 813, 817 (7th Cir.2005), wherein he stated that "[w]arrantless inventory searches of vehicles are lawful if conducted pursuant to standard police procedures aimed at protecting the owner's property and protecting the police from the owner's charging them with having stolen, lost, or damaged his property." (Citation omitted). [2] Justice Stevens, in his dissenting opinion in Thornton v. United States, 541 U.S. 615, 636 , 124 S.Ct. 2127, 2140 , 158 L.Ed.2d 905 (2004), recognized the majority's failure to

2006Seventh Circuit Judge Posner discussed this exception in United States v. Pittman, 411 F.3d 813, 817 (7th Cir.2005), wherein he stated that "[w]arrantless inventory searches of vehicles are lawful if conducted pursuant to standard police procedures aimed at protecting the owner’s property and protecting the police from the owner’s charging them with having stolen, lost, or damaged his property.” (Citation omitted). .

11
United States v. Arre Kennedygreen
ca6 · 1995 · cited in 1 Kentucky opinions naming this issue, 2002–2002
1 sentence

2002The magistrate's conclusions were adopted by the district judge."), cert. denied, ___ U.S. ____, 122 S.Ct. 823 , 151 L.Ed.2d 705 (2002); United States v. Ford, 184 F.3d 566, 578 (6th Cir.1999) ("The district court ... [held] that the seized documents would have inevitably been discovered without the illegal search."), cert. denied 528 U.S. 1161 , 120 S.Ct. 1175 , 145 L.Ed.2d 1083 (2000). [3] Ky.App., 714 S.W.2d 494 (1986). [4] Id. at 497 . [5] United States v. Kennedy, 61 F.3d 494, 497 (6th Cir.1995), cert. denied 517 U.S. 1119 , 116 S.Ct. 1351 , 134 L.Ed.2d 520 (1996). [6] See RCR 9.78; Mills

11
United States v. Donald G. Ford (97-6097/6270) Sandra Hutchins Ford (97-6271)green
ca6 · 1999 · cited in 1 Kentucky opinions naming this issue, 2002–2002
2 sentences

2002The magistrate's conclusions were adopted by the district judge.”), cert. denied, - U.S. -, 122 S.Ct. 823 , 151 L.Ed.2d 705 (2002); United States v. Ford, 184 F.3d 566, 578 (6th Cir.1999) ("The district court ... [held] that the seized documents would have inevitably been discovered without the illegal search.”), cert. denied 528 U.S. 1161 , 120 S.Ct. 1175 , 145 L.Ed.2d 1083 (2000). .

2002The magistrate's conclusions were adopted by the district judge."), cert. denied, ___ U.S. ____, 122 S.Ct. 823 , 151 L.Ed.2d 705 (2002); United States v. Ford, 184 F.3d 566, 578 (6th Cir.1999) ("The district court ... [held] that the seized documents would have inevitably been discovered without the illegal search."), cert. denied 528 U.S. 1161 , 120 S.Ct. 1175 , 145 L.Ed.2d 1083 (2000). [3] Ky.App., 714 S.W.2d 494 (1986). [4] Id. at 497 . [5] United States v. Kennedy, 61 F.3d 494, 497 (6th Cir.1995), cert. denied 517 U.S. 1119 , 116 S.Ct. 1351 , 134 L.Ed.2d 520 (1996). [6] See RCR 9.78; Mills

11
United States v. James A. Kimesgreen
ca6 · 2001 · cited in 1 Kentucky opinions naming this issue, 2002–2002
2 sentences

2002See Nix v. Williams, 467 U.S. 431, 438 , 104 S.Ct. 2501 , 81 L.Ed.2d 377, 383 (1984) ("The trial court concluded that the State had proved by a preponderance of the evidence that, ... if Williams had not led the police to the victim, her body would have been discovered 'within a short time' in essentially the same condition as it was actually found.” (emphasis in original)); United States v. Scott, 270 F.3d 30, 42 (1st Cir.2001) ("The district court found [the inevitable discovery exception] to apply to Scott’s case, and we agree.”), cert. denied, - U.S. -, 122 S.Ct. 1583 , 152 L.Ed.2d 501 (20

2002NOTES [1] Contrary to the complaint registered by the concurrence, post, we are not here making a "finding of fact," but only recognizing the existence of an indisputable fact. [1] Majority Opinion at 87 S.W.3d 850, 852 (2002) (Slip Op. at 4). [2] See Nix v. Williams, 467 U.S. 431, 438 , 104 S.Ct. 2501 , 81 L.Ed.2d 377, 383 (1984) ("The trial court concluded that the State had proved by a preponderance of the evidence that, ... if Williams had not led the police to the victim, her body would have been discovered ` within a short time ' in essentially the same condition as it was actually found

11
United States v. Alan N. Scottgreen
ca1 · 2001 · cited in 1 Kentucky opinions naming this issue, 2002–2002
2 sentences

2002See Nix v. Williams, 467 U.S. 431, 438 , 104 S.Ct. 2501 , 81 L.Ed.2d 377, 383 (1984) ("The trial court concluded that the State had proved by a preponderance of the evidence that, ... if Williams had not led the police to the victim, her body would have been discovered 'within a short time' in essentially the same condition as it was actually found.” (emphasis in original)); United States v. Scott, 270 F.3d 30, 42 (1st Cir.2001) ("The district court found [the inevitable discovery exception] to apply to Scott’s case, and we agree.”), cert. denied, - U.S. -, 122 S.Ct. 1583 , 152 L.Ed.2d 501 (20

2002NOTES [1] Contrary to the complaint registered by the concurrence, post, we are not here making a "finding of fact," but only recognizing the existence of an indisputable fact. [1] Majority Opinion at 87 S.W.3d 850, 852 (2002) (Slip Op. at 4). [2] See Nix v. Williams, 467 U.S. 431, 438 , 104 S.Ct. 2501 , 81 L.Ed.2d 377, 383 (1984) ("The trial court concluded that the State had proved by a preponderance of the evidence that, ... if Williams had not led the police to the victim, her body would have been discovered ` within a short time ' in essentially the same condition as it was actually found

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway.

Also cited on this issue (19)

CaseCitedYears
Utah v. Strieff green
scotus · 2016
1 sentence

2024These exceptions are the independent source doctrine, the inevitable discovery doctrine, and the attenuation doctrine.” Warick, 592 S.W.3d at 281 (internal quotation marks omitted) (quoting Utah v. Strieff, 579 U.S. 232, 238 , 136 S. Ct. 2056, 2061 , 195 L.

12024–2024
Utah v. Strieff green
scotus · 2016
2 sentences

2024These exceptions are the independent source doctrine, the inevitable discovery doctrine, and the attenuation doctrine.” Warick, 592 S.W.3d at 281 (internal quotation marks omitted) (quoting Utah v. Strieff, 579 U.S. 232, 238 , 136 S. Ct. 2056, 2061 , 195 L.

2024These exceptions are the independent source doctrine, the inevitable discovery doctrine, and the attenuation doctrine.” Warick, 592 S.W.3d at 281 (internal quotation marks omitted) (quoting Utah v. Strieff, 579 U.S. 232, 238 , 136 S. Ct. 2056, 2061 , 195 L.

12024–2024
Thornton v. United States green
scotus · 2004
2 sentences

2006Seventh Circuit Judge Posner discussed this exception in United States v. Pittman, 411 F.3d 813, 817 (7th Cir.2005), wherein he stated that "[w]arrantless inventory searches of vehicles are lawful if conducted pursuant to standard police procedures aimed at protecting the owner's property and protecting the police from the owner's charging them with having stolen, lost, or damaged his property." (Citation omitted). [2] Justice Stevens, in his dissenting opinion in Thornton v. United States, 541 U.S. 615, 636 , 124 S.Ct. 2127, 2140 , 158 L.Ed.2d 905 (2004), recognized the majority's failure to

2006Seventh Circuit Judge Posner discussed this exception in United States v. Pittman, 411 F.3d 813, 817 (7th Cir.2005), wherein he stated that "[w]arrantless inventory searches of vehicles are lawful if conducted pursuant to standard police procedures aimed at protecting the owner's property and protecting the police from the owner's charging them with having stolen, lost, or damaged his property." (Citation omitted). [2] Justice Stevens, in his dissenting opinion in Thornton v. United States, 541 U.S. 615, 636 , 124 S.Ct. 2127, 2140 , 158 L.Ed.2d 905 (2004), recognized the majority's failure to

12006–2006
Scott v. United States green
scotus · 2002
2 sentences

2002See Nix v. Williams, 467 U.S. 431, 438 , 104 S.Ct. 2501 , 81 L.Ed.2d 377, 383 (1984) ("The trial court concluded that the State had proved by a preponderance of the evidence that, ... if Williams had not led the police to the victim, her body would have been discovered 'within a short time' in essentially the same condition as it was actually found.” (emphasis in original)); United States v. Scott, 270 F.3d 30, 42 (1st Cir.2001) ("The district court found [the inevitable discovery exception] to apply to Scott’s case, and we agree.”), cert. denied, - U.S. -, 122 S.Ct. 1583 , 152 L.Ed.2d 501 (20

2002NOTES [1] Contrary to the complaint registered by the concurrence, post, we are not here making a "finding of fact," but only recognizing the existence of an indisputable fact. [1] Majority Opinion at 87 S.W.3d 850, 852 (2002) (Slip Op. at 4). [2] See Nix v. Williams, 467 U.S. 431, 438 , 104 S.Ct. 2501 , 81 L.Ed.2d 377, 383 (1984) ("The trial court concluded that the State had proved by a preponderance of the evidence that, ... if Williams had not led the police to the victim, her body would have been discovered ` within a short time ' in essentially the same condition as it was actually found

12002–2002
Jarrett v. United States green
scotus · 2002
2 sentences

2002See Nix v. Williams, 467 U.S. 431, 438 , 104 S.Ct. 2501 , 81 L.Ed.2d 377, 383 (1984) ("The trial court concluded that the State had proved by a preponderance of the evidence that, ... if Williams had not led the police to the victim, her body would have been discovered 'within a short time' in essentially the same condition as it was actually found.” (emphasis in original)); United States v. Scott, 270 F.3d 30, 42 (1st Cir.2001) ("The district court found [the inevitable discovery exception] to apply to Scott’s case, and we agree.”), cert. denied, - U.S. -, 122 S.Ct. 1583 , 152 L.Ed.2d 501 (20

2002NOTES [1] Contrary to the complaint registered by the concurrence, post, we are not here making a "finding of fact," but only recognizing the existence of an indisputable fact. [1] Majority Opinion at 87 S.W.3d 850, 852 (2002) (Slip Op. at 4). [2] See Nix v. Williams, 467 U.S. 431, 438 , 104 S.Ct. 2501 , 81 L.Ed.2d 377, 383 (1984) ("The trial court concluded that the State had proved by a preponderance of the evidence that, ... if Williams had not led the police to the victim, her body would have been discovered ` within a short time ' in essentially the same condition as it was actually found

12002–2002
Peterson v. North Carolina green
scotus · 2000
1 sentence

2002The magistrate's conclusions were adopted by the district judge."), cert. denied, ___ U.S. ____, 122 S.Ct. 823 , 151 L.Ed.2d 705 (2002); United States v. Ford, 184 F.3d 566, 578 (6th Cir.1999) ("The district court ... [held] that the seized documents would have inevitably been discovered without the illegal search."), cert. denied 528 U.S. 1161 , 120 S.Ct. 1175 , 145 L.Ed.2d 1083 (2000). [3] Ky.App., 714 S.W.2d 494 (1986). [4] Id. at 497 . [5] United States v. Kennedy, 61 F.3d 494, 497 (6th Cir.1995), cert. denied 517 U.S. 1119 , 116 S.Ct. 1351 , 134 L.Ed.2d 520 (1996). [6] See RCR 9.78; Mills

12002–2002
Maners v. Johnson green
scotus · 2000
1 sentence

2002The magistrate's conclusions were adopted by the district judge."), cert. denied, ___ U.S. ____, 122 S.Ct. 823 , 151 L.Ed.2d 705 (2002); United States v. Ford, 184 F.3d 566, 578 (6th Cir.1999) ("The district court ... [held] that the seized documents would have inevitably been discovered without the illegal search."), cert. denied 528 U.S. 1161 , 120 S.Ct. 1175 , 145 L.Ed.2d 1083 (2000). [3] Ky.App., 714 S.W.2d 494 (1986). [4] Id. at 497 . [5] United States v. Kennedy, 61 F.3d 494, 497 (6th Cir.1995), cert. denied 517 U.S. 1119 , 116 S.Ct. 1351 , 134 L.Ed.2d 520 (1996). [6] See RCR 9.78; Mills

12002–2002
Patel v. United States green
scotus · 2000
2 sentences

2002The magistrate's conclusions were adopted by the district judge.”), cert. denied, - U.S. -, 122 S.Ct. 823 , 151 L.Ed.2d 705 (2002); United States v. Ford, 184 F.3d 566, 578 (6th Cir.1999) ("The district court ... [held] that the seized documents would have inevitably been discovered without the illegal search.”), cert. denied 528 U.S. 1161 , 120 S.Ct. 1175 , 145 L.Ed.2d 1083 (2000). .

2002The magistrate's conclusions were adopted by the district judge."), cert. denied, ___ U.S. ____, 122 S.Ct. 823 , 151 L.Ed.2d 705 (2002); United States v. Ford, 184 F.3d 566, 578 (6th Cir.1999) ("The district court ... [held] that the seized documents would have inevitably been discovered without the illegal search."), cert. denied 528 U.S. 1161 , 120 S.Ct. 1175 , 145 L.Ed.2d 1083 (2000). [3] Ky.App., 714 S.W.2d 494 (1986). [4] Id. at 497 . [5] United States v. Kennedy, 61 F.3d 494, 497 (6th Cir.1995), cert. denied 517 U.S. 1119 , 116 S.Ct. 1351 , 134 L.Ed.2d 520 (1996). [6] See RCR 9.78; Mills

12002–2002
Knickerbocker v. Ovako-Ajax, Inc. green
scotus · 2000
2 sentences

2002The magistrate's conclusions were adopted by the district judge.”), cert. denied, - U.S. -, 122 S.Ct. 823 , 151 L.Ed.2d 705 (2002); United States v. Ford, 184 F.3d 566, 578 (6th Cir.1999) ("The district court ... [held] that the seized documents would have inevitably been discovered without the illegal search.”), cert. denied 528 U.S. 1161 , 120 S.Ct. 1175 , 145 L.Ed.2d 1083 (2000). .

2002The magistrate's conclusions were adopted by the district judge."), cert. denied, ___ U.S. ____, 122 S.Ct. 823 , 151 L.Ed.2d 705 (2002); United States v. Ford, 184 F.3d 566, 578 (6th Cir.1999) ("The district court ... [held] that the seized documents would have inevitably been discovered without the illegal search."), cert. denied 528 U.S. 1161 , 120 S.Ct. 1175 , 145 L.Ed.2d 1083 (2000). [3] Ky.App., 714 S.W.2d 494 (1986). [4] Id. at 497 . [5] United States v. Kennedy, 61 F.3d 494, 497 (6th Cir.1995), cert. denied 517 U.S. 1119 , 116 S.Ct. 1351 , 134 L.Ed.2d 520 (1996). [6] See RCR 9.78; Mills

12002–2002
Ford v. United States green
scotus · 2000
2 sentences

2002The magistrate's conclusions were adopted by the district judge.”), cert. denied, - U.S. -, 122 S.Ct. 823 , 151 L.Ed.2d 705 (2002); United States v. Ford, 184 F.3d 566, 578 (6th Cir.1999) ("The district court ... [held] that the seized documents would have inevitably been discovered without the illegal search.”), cert. denied 528 U.S. 1161 , 120 S.Ct. 1175 , 145 L.Ed.2d 1083 (2000). .

2002The magistrate's conclusions were adopted by the district judge."), cert. denied, ___ U.S. ____, 122 S.Ct. 823 , 151 L.Ed.2d 705 (2002); United States v. Ford, 184 F.3d 566, 578 (6th Cir.1999) ("The district court ... [held] that the seized documents would have inevitably been discovered without the illegal search."), cert. denied 528 U.S. 1161 , 120 S.Ct. 1175 , 145 L.Ed.2d 1083 (2000). [3] Ky.App., 714 S.W.2d 494 (1986). [4] Id. at 497 . [5] United States v. Kennedy, 61 F.3d 494, 497 (6th Cir.1995), cert. denied 517 U.S. 1119 , 116 S.Ct. 1351 , 134 L.Ed.2d 520 (1996). [6] See RCR 9.78; Mills

12002–2002
Mekalonis v. Workers' Compensation Appeal Board green
scotus · 2000
2 sentences

2002The magistrate's conclusions were adopted by the district judge."), cert. denied, ___ U.S. ____, 122 S.Ct. 823 , 151 L.Ed.2d 705 (2002); United States v. Ford, 184 F.3d 566, 578 (6th Cir.1999) ("The district court ... [held] that the seized documents would have inevitably been discovered without the illegal search."), cert. denied 528 U.S. 1161 , 120 S.Ct. 1175 , 145 L.Ed.2d 1083 (2000). [3] Ky.App., 714 S.W.2d 494 (1986). [4] Id. at 497 . [5] United States v. Kennedy, 61 F.3d 494, 497 (6th Cir.1995), cert. denied 517 U.S. 1119 , 116 S.Ct. 1351 , 134 L.Ed.2d 520 (1996). [6] See RCR 9.78; Mills

2002The magistrate's conclusions were adopted by the district judge."), cert. denied, ___ U.S. ____, 122 S.Ct. 823 , 151 L.Ed.2d 705 (2002); United States v. Ford, 184 F.3d 566, 578 (6th Cir.1999) ("The district court ... [held] that the seized documents would have inevitably been discovered without the illegal search."), cert. denied 528 U.S. 1161 , 120 S.Ct. 1175 , 145 L.Ed.2d 1083 (2000). [3] Ky.App., 714 S.W.2d 494 (1986). [4] Id. at 497 . [5] United States v. Kennedy, 61 F.3d 494, 497 (6th Cir.1995), cert. denied 517 U.S. 1119 , 116 S.Ct. 1351 , 134 L.Ed.2d 520 (1996). [6] See RCR 9.78; Mills

12002–2002
Jordan v. Mississippi green
scotus · 2002
2 sentences

2002The magistrate's conclusions were adopted by the district judge.”), cert. denied, - U.S. -, 122 S.Ct. 823 , 151 L.Ed.2d 705 (2002); United States v. Ford, 184 F.3d 566, 578 (6th Cir.1999) ("The district court ... [held] that the seized documents would have inevitably been discovered without the illegal search.”), cert. denied 528 U.S. 1161 , 120 S.Ct. 1175 , 145 L.Ed.2d 1083 (2000). .

2002The magistrate's conclusions were adopted by the district judge."), cert. denied, ___ U.S. ____, 122 S.Ct. 823 , 151 L.Ed.2d 705 (2002); United States v. Ford, 184 F.3d 566, 578 (6th Cir.1999) ("The district court ... [held] that the seized documents would have inevitably been discovered without the illegal search."), cert. denied 528 U.S. 1161 , 120 S.Ct. 1175 , 145 L.Ed.2d 1083 (2000). [3] Ky.App., 714 S.W.2d 494 (1986). [4] Id. at 497 . [5] United States v. Kennedy, 61 F.3d 494, 497 (6th Cir.1995), cert. denied 517 U.S. 1119 , 116 S.Ct. 1351 , 134 L.Ed.2d 520 (1996). [6] See RCR 9.78; Mills

12002–2002
Washington v. First Data Resources, Inc. green
scotus · 2002
2 sentences

2002The magistrate's conclusions were adopted by the district judge.”), cert. denied, - U.S. -, 122 S.Ct. 823 , 151 L.Ed.2d 705 (2002); United States v. Ford, 184 F.3d 566, 578 (6th Cir.1999) ("The district court ... [held] that the seized documents would have inevitably been discovered without the illegal search.”), cert. denied 528 U.S. 1161 , 120 S.Ct. 1175 , 145 L.Ed.2d 1083 (2000). .

2002The magistrate's conclusions were adopted by the district judge."), cert. denied, ___ U.S. ____, 122 S.Ct. 823 , 151 L.Ed.2d 705 (2002); United States v. Ford, 184 F.3d 566, 578 (6th Cir.1999) ("The district court ... [held] that the seized documents would have inevitably been discovered without the illegal search."), cert. denied 528 U.S. 1161 , 120 S.Ct. 1175 , 145 L.Ed.2d 1083 (2000). [3] Ky.App., 714 S.W.2d 494 (1986). [4] Id. at 497 . [5] United States v. Kennedy, 61 F.3d 494, 497 (6th Cir.1995), cert. denied 517 U.S. 1119 , 116 S.Ct. 1351 , 134 L.Ed.2d 520 (1996). [6] See RCR 9.78; Mills

12002–2002
United States v. Rickie Lee Boatwright green
ca9 · 1987
1 sentence

2002The magistrate's conclusions were adopted by the district judge."), cert. denied, ___ U.S. ____, 122 S.Ct. 823 , 151 L.Ed.2d 705 (2002); United States v. Ford, 184 F.3d 566, 578 (6th Cir.1999) ("The district court ... [held] that the seized documents would have inevitably been discovered without the illegal search."), cert. denied 528 U.S. 1161 , 120 S.Ct. 1175 , 145 L.Ed.2d 1083 (2000). [3] Ky.App., 714 S.W.2d 494 (1986). [4] Id. at 497 . [5] United States v. Kennedy, 61 F.3d 494, 497 (6th Cir.1995), cert. denied 517 U.S. 1119 , 116 S.Ct. 1351 , 134 L.Ed.2d 520 (1996). [6] See RCR 9.78; Mills

12002–2002
Brewer v. Williams green
scotus · 1977
2 sentences

2002The magistrate's conclusions were adopted by the district judge."), cert. denied, ___ U.S. ____, 122 S.Ct. 823 , 151 L.Ed.2d 705 (2002); United States v. Ford, 184 F.3d 566, 578 (6th Cir.1999) ("The district court ... [held] that the seized documents would have inevitably been discovered without the illegal search."), cert. denied 528 U.S. 1161 , 120 S.Ct. 1175 , 145 L.Ed.2d 1083 (2000). [3] Ky.App., 714 S.W.2d 494 (1986). [4] Id. at 497 . [5] United States v. Kennedy, 61 F.3d 494, 497 (6th Cir.1995), cert. denied 517 U.S. 1119 , 116 S.Ct. 1351 , 134 L.Ed.2d 520 (1996). [6] See RCR 9.78; Mills

2002The magistrate's conclusions were adopted by the district judge."), cert. denied, ___ U.S. ____, 122 S.Ct. 823 , 151 L.Ed.2d 705 (2002); United States v. Ford, 184 F.3d 566, 578 (6th Cir.1999) ("The district court ... [held] that the seized documents would have inevitably been discovered without the illegal search."), cert. denied 528 U.S. 1161 , 120 S.Ct. 1175 , 145 L.Ed.2d 1083 (2000). [3] Ky.App., 714 S.W.2d 494 (1986). [4] Id. at 497 . [5] United States v. Kennedy, 61 F.3d 494, 497 (6th Cir.1995), cert. denied 517 U.S. 1119 , 116 S.Ct. 1351 , 134 L.Ed.2d 520 (1996). [6] See RCR 9.78; Mills

12002–2002
Mills v. Commonwealth green
ky · 1999
1 sentence

2002The magistrate's conclusions were adopted by the district judge."), cert. denied, ___ U.S. ____, 122 S.Ct. 823 , 151 L.Ed.2d 705 (2002); United States v. Ford, 184 F.3d 566, 578 (6th Cir.1999) ("The district court ... [held] that the seized documents would have inevitably been discovered without the illegal search."), cert. denied 528 U.S. 1161 , 120 S.Ct. 1175 , 145 L.Ed.2d 1083 (2000). [3] Ky.App., 714 S.W.2d 494 (1986). [4] Id. at 497 . [5] United States v. Kennedy, 61 F.3d 494, 497 (6th Cir.1995), cert. denied 517 U.S. 1119 , 116 S.Ct. 1351 , 134 L.Ed.2d 520 (1996). [6] See RCR 9.78; Mills

12002–2002
Stephens v. Owensboro National Bank green
scotus · 1996
1 sentence

2002The magistrate's conclusions were adopted by the district judge."), cert. denied, ___ U.S. ____, 122 S.Ct. 823 , 151 L.Ed.2d 705 (2002); United States v. Ford, 184 F.3d 566, 578 (6th Cir.1999) ("The district court ... [held] that the seized documents would have inevitably been discovered without the illegal search."), cert. denied 528 U.S. 1161 , 120 S.Ct. 1175 , 145 L.Ed.2d 1083 (2000). [3] Ky.App., 714 S.W.2d 494 (1986). [4] Id. at 497 . [5] United States v. Kennedy, 61 F.3d 494, 497 (6th Cir.1995), cert. denied 517 U.S. 1119 , 116 S.Ct. 1351 , 134 L.Ed.2d 520 (1996). [6] See RCR 9.78; Mills

12002–2002
Richey v. Ohio green
scotus · 1996
1 sentence

2002The magistrate's conclusions were adopted by the district judge."), cert. denied, ___ U.S. ____, 122 S.Ct. 823 , 151 L.Ed.2d 705 (2002); United States v. Ford, 184 F.3d 566, 578 (6th Cir.1999) ("The district court ... [held] that the seized documents would have inevitably been discovered without the illegal search."), cert. denied 528 U.S. 1161 , 120 S.Ct. 1175 , 145 L.Ed.2d 1083 (2000). [3] Ky.App., 714 S.W.2d 494 (1986). [4] Id. at 497 . [5] United States v. Kennedy, 61 F.3d 494, 497 (6th Cir.1995), cert. denied 517 U.S. 1119 , 116 S.Ct. 1351 , 134 L.Ed.2d 520 (1996). [6] See RCR 9.78; Mills

12002–2002
Distajo v. Doctor's Associates, Inc. green
scotus · 1996
1 sentence

2002The magistrate's conclusions were adopted by the district judge."), cert. denied, ___ U.S. ____, 122 S.Ct. 823 , 151 L.Ed.2d 705 (2002); United States v. Ford, 184 F.3d 566, 578 (6th Cir.1999) ("The district court ... [held] that the seized documents would have inevitably been discovered without the illegal search."), cert. denied 528 U.S. 1161 , 120 S.Ct. 1175 , 145 L.Ed.2d 1083 (2000). [3] Ky.App., 714 S.W.2d 494 (1986). [4] Id. at 497 . [5] United States v. Kennedy, 61 F.3d 494, 497 (6th Cir.1995), cert. denied 517 U.S. 1119 , 116 S.Ct. 1351 , 134 L.Ed.2d 520 (1996). [6] See RCR 9.78; Mills

12002–2002

Statutes the citing opinions construe

KY § Ky. Rev. Stat. § 532.080 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 125 (1985–2026) OH 111 (1984–2026) CA 101 (1978–2026) NJ 85 (1979–2026) FL 75 (1983–2025) IL 74 (1980–2026) NY 67 (1975–2024) LA 62 (1984–2025) WA 60 (1982–2024) TX 58 (1981–2025) VA 51 (1986–2026) MI 48 (1978–2026) OR 45 (1976–2025) MA 42 (1985–2025) GA 40 (1999–2025) CT 37 (1986–2021) AZ 35 (1978–2025) ID 33 (1984–2026) NM 32 (1980–2023) KS 29 (1989–2022) WI 28 (1988–2026) MO 28 (1984–2025) TN 28 (1983–2026) NC 25 (1992–2024) IN 25 (1988–2018) MD 25 (1980–2025) ND 24 (1980–2023) MN 23 (1980–2024) CO 22 (1983–2025) IA 21 (1979–2025) DE 20 (1981–2026) UT 20 (1991–2025) AL 18 (1986–2026) DC 18 (1978–2025) ME 17 (1980–2025) NE 16 (1984–2024) SC 15 (2006–2024) MT 13 (2000–2020) AK 11 (1982–2008) WV 11 (2002–2024) SD 10 (1984–2024) KY 9 (2002–2024) HI 9 (1995–2023) NV 6 (1982–2024) NH 6 (1979–2021) OK 6 (1994–2023) MS 6 (2002–2026) AR 5 (1988–2019) RI 4 (2004–2024) VT 2 (2007–2007) WY 2 (2003–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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