The petition asks the Supremes to resolve a circuit split as to whether the inevitable discovery exception to the Fourth Amendment exclusionary rule is limited by a requirement that law enforcement agents be actively pursuing valid legal authority to search before conducting an invalid search and seizure. That issue also divided CAAF, with the majority finding invalid consent but rejecting an active pursuit requirement and applying inevitable discovery. In a concurring opinion, Judge Baker rejected inevitable discovery due to the absence of active pursuit, but found valid consent. Judge Ryan didn't reach the inevitable discovery issue because she agreed with Judge Baker's conclusion that there was valid consent.
Here's the Wallace QP:
When law enforcement agents seize evidence based on invalid consent, can the evidence be admitted under the inevitable discovery exception to the Fourth Amendment exclusionary rule on the basis of a subsequently obtained search warrant if the law enforcement agents neither applied for nor actively pursued the warrant before seizing the evidence?The complete cert petition is available here.
[Disclaimer: I am one of petitioner's counsel.]