United States v. Frederick Silvestri, Elder

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that active pursuit may be necessary in certain situations to satisfy the test of inevitability and independence
• noting that a \basic concern\ in inevitable discovery cases is whether both the discovery of the legal means and the use of that means are truly inevitable
• contemplating situations where a warrantless search is never followed by a warrant and yet the government relies on the inevitable discovery doctrine
• showing of active pursuit of investigation at time of illegality may be required where no search warrant ever obtained; where warrant is obtained, requirement that probable cause be present prior to illegal search ensures both independence and inevitability
• decision to seek warrant made prior to illegal search by officer not involved in search
• “A Mr-like case may well require that active pursuit of the investigation be underway to satisfy the test of inevitability and independence. This requirement may also be appropriate in illegal search cases where no warrant is ever obtained.”

Source: CourtListener parenthetical corpus (CC0).