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CA7: Inevitable discovery supported seizure of $100k in a briefcase on a train despite unlawful search of briefcase

By John Wesley Hall, Jr.

Defendant was stopped on a train in his compartment in a drug courier profile stop. He had $100,120 in a briefcase, and the government was seeking for forfeit it. Removing the briefcase from the train for a dog sniff was not contrary to Place and was reasonable under the circumstances. Inevitable discovery supported the seizure despite an illegal search of the briefcase. Seizure was based on a dog alert on the money. No drugs were found. Remanded for trial. United States v. Marrocco, 2009 U.S. App. LEXIS 18980 (7th Cir. August 24, 2009): Our conclusion that the officers were permitted to seize the briefcase and remove it from the train does not end our inquiry. After the officers removed the briefcase, and before they obtained a warrant or even probable cause to search it, Officer Romano opened the briefcase and observed its contents...continue to full post

Full post as published by Fourth Amendment on August 26, 2009 (boomark / email).