U.S. v. LARSEN

No. 96-3284.

127 F.3d 984 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Lewis A. LARSEN, a/k/a Louis A. Larsen, a/k/a Jeffrey L. Larsen, a/k/a Jeff Larsen, a/k/a Leland L. Larsen, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 21, 1997.


Attorney(s) appearing for the Case

Michael L. Harris, Assistant Federal Public Defender, Kansas City, KS, for Defendant-Appellant.

Kurt J. Shernuk, Assistant United States Attorney (Jackie N. Williams, United States Attorney, with him on the brief), Kansas City, KS, for Plaintiff-Appellee.

Before BRORBY, BRISCOE and MURPHY, Circuit Judges.


BRISCOE, Circuit Judge.

Lewis Larsen appeals the denial of his motion to suppress evidence. In denying the motion, the district court concluded that although the evidence was found as a result of an illegal search, it inevitably would have been discovered in a separate investigation independent of the illegal search. Larsen's sole issue on appeal is whether the inevitable discovery rule requires proof of a separate investigation ongoing at the time of the constitutional...

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