Inevitable Discovery Doctrine Applied
Warrantless searches are per se unreasonable unless the State shows, by a preponderance of the evidence, the application of an exception. Exceptions include the inevitable discovery doctrine, under which evidence from an unlawful search is admissible if it would have been discovered anyway. Therefore, even if a search at the site of the arrest was done in violation of police department policy, the resulting evidence was nonetheless admissible because an inventory search at the jail in compliance with police department policy would have inevitably discovered that evidence. Remanded to correct the circuit court’s records, from a guilty plea to a finding of guilt after a bench trial, nunc pro tunc.
STATE OF MISSOURI, Plaintiff-Respondent v. BRANDON PATRICK TEEL, Defendant-Appellant
Missouri Court of Appeals, Southern District – SD37178