context: However, the concerns animating these cases -- namely, the need to deter warrant-less property searches -- do not apply with equal force to the facts of this case. Not only were Lieutenant Paul and his fellow officers lawfully on the premises pursuant to a valid search warrant -- thus reducing any significant concern that applying the inevitable discovery doctrine in this case would subvert the Fourth Amendment warrant requirement -- the evidence here, and the logical inferences therefrom, demonstrate that the police would have obtained Heath's currency during a valid search conducted pursuant to a well-established exception to the warrant requirement, namely, a search incident to a lawful arrest.
citation_a.signal: see also
citation_a.identifier: 70 F.3d 1158, 1166-67
citation_a.parenthetical: applying inevitable discovery exception because, although the defendant had been "prematurely arrested," the police had reasonable suspicion to stop the defendant's vehicle and would have noticed the suspicious burlap bags "during the course of a lawful Terry stop"
citation_a.sentence: See United States v. Allen, 986 F.2d 1354, 1357 (10th Cir.1993) (“[E]ven assuming that the [pat-down search of the defendant was conducted] prior to [the discovery of] the cocaine [on his companion], [the defendant] could ... have been searched seconds later, once the cocaine provided probable cause to arrest.... Therefore, the search was incident to a lawful arrest regardless of the exact sequence of events (emphases added); United States v. Romero, 692 F.2d 699, 704 (10th Cir.1982) (recognizing, without inquiring whether the officers would necessarily have arrested the defendant, that the “discovery of the marijuana in the van provided probable cause to arrest [the defendant], and upon arrest the officers unquestionably would have searched [the defendant] and discovered the marijuana in his pocket”) (emphasis added); see also United States v. Eylicio-Montoya, 70 F.3d 1158, 1166-67 (10th Cir.1995) (applying inevitable discovery exception because, although the defendant had been “prematurely arrested,” the police had reasonable suspicion to stop the defendant’s vehicle and would have noticed the suspicious burlap bags “during the course of a lawful Terry stop”).
citation_b.signal: see
citation_b.identifier: 692 F.2d 699, 704
citation_b.parenthetical: recognizing, without inquiring whether the officers would necessarily have arrested the defendant, that the "discovery of the marijuana in the van provided probable cause to arrest [the defendant], and upon arrest the officers unquestionably would have searched [the defendant] and discovered the marijuana in his pocket"
citation_b.sentence: See United States v. Allen, 986 F.2d 1354, 1357 (10th Cir.1993) (“[E]ven assuming that the [pat-down search of the defendant was conducted] prior to [the discovery of] the cocaine [on his companion], [the defendant] could ... have been searched seconds later, once the cocaine provided probable cause to arrest.... Therefore, the search was incident to a lawful arrest regardless of the exact sequence of events (emphases added); United States v. Romero, 692 F.2d 699, 704 (10th Cir.1982) (recognizing, without inquiring whether the officers would necessarily have arrested the defendant, that the “discovery of the marijuana in the van provided probable cause to arrest [the defendant], and upon arrest the officers unquestionably would have searched [the defendant] and discovered the marijuana in his pocket”) (emphasis added); see also United States v. Eylicio-Montoya, 70 F.3d 1158, 1166-67 (10th Cir.1995) (applying inevitable discovery exception because, although the defendant had been “prematurely arrested,” the police had reasonable suspicion to stop the defendant’s vehicle and would have noticed the suspicious burlap bags “during the course of a lawful Terry stop”).