Inevitable-Discovery Exception

Inevitable-Discovery Exception

Officers for the state decided to enter defendant's home without a warrant, and eventually began to question them.  Those answers became evidence (as such things often do).  The State tried using those statements, claiming that they would have gotten the statements anyway...  Luckily Judge Cleary, Reilly, and Ross ruled that was inappropriate.


A14-0432       State of Minnesota, Respondent, vs. Kyle Dean McClain, Appellant.
                      St. Louis County District Court, Hon. Mark A. Munger.
           The inevitable-discovery exception to the exclusionary rule is limited to physical evidence and does not apply to statements obtained after an unlawful search.
           Reversed and remanded.  Chief Judge Edward J. Cleary.
           Concurring specially, Judge Kevin G. Ross.

4 comments (Add your own)

1. Paul Carillo wrote:
Hats off to the judges for giving an absolutely correct ruling. Authorities have no right to enter anybody's home with out a warrant period!

Wed, January 3, 2018 @ 1:02 AM

2. AltonTrefe wrote:

Wed, September 19, 2018 @ 6:18 PM

3. AltonTrefe wrote:

Thu, September 27, 2018 @ 1:18 AM

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