First Circuit· 1/11/2006
United States v. Almeida
Citations
- 434 F.3d 25
- 2006 WL 51406
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that the deterrence rationale for the exclusionary rule has minimal force \if the evidence would have been discovered lawfully\ (citing Nix, 467 U.S. at 444)
- noting that “the government must demonstrate, to a high degree of -7- probability, that the evidence would have been discovered”
- observing that the deterrence rationale for the exclusionary rule has minimal force “if the evidence would have been discovered lawfully” (citing Nix, 467 U.S. at 444, 104 S.Ct. 2501)
- noting that where “officers would have eventually seized the drugs by arresting Almeida (as 21 they had planned to do before questioning him), they had little incentive to try to obtain the crack through unconstitutional means when a lawful means was readily available.”
- “The inevitable discovery exception recognizes that, if the evidence would have been discovered lawfully, ‘the deterrence rationale has so little basis that the evidence should be received.’”
Source: CourtListener parenthetical corpus (CC0).
Judges: Torruella, Campbell, Howard
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.