PEOPLE v. LAVIERA


152 A.D.2d 961 (1989)

The People of the State of New York, Respondent, v. Pablo A. Laviera, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 12, 1989


Judgment unanimously affirmed.

Memorandum:

We agree with defendant's contention that the suppression court erred in applying the doctrine of inevitable discovery to justify the warrantless search and seizure of his bags and the clothing therein. The inevitable discovery rule may not be used to save from suppression "primary" evidence, i.e., "evidence illegally obtained during or as the immediate consequence of the challenged police conduct" (People v Stith...

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