State v. Asbach, 882 N.W.2d 251

Officer Bohn stopped a rented car in April 2014 and questioned occupants Tyler Asbach and Clinton Walker about travel plans; Bohn suspected drug trafficking based on training and travel patterns.
Asbach deferred consent to Walker; Walker consented and Bohn searched the vehicle and trunk without asking ownership of containers.
Bohn opened a suitcase later identified as Asbach’s and found packaged marijuana products; Walker later claimed ownership of marijuana in a duffel bag found in the trunk.
District court initially held the search of Asbach’s suitcase was unlawful but admitted the evidence under the inevitable discovery doctrine because contraband in Walker’s bags would have yielded probable cause to search the rest of the vehicle.
This Court remanded to determine whether Bohn acted in bad faith to accelerate discovery; on remand the district court found no bad faith and denied suppression; the Supreme Court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the inevitable discovery doctrine applies given officer acted in bad faith by exceeding consent and searching Asbach’s suitcase	State: Officer lacked bad faith; Walker’s valid consent and subsequent discovery in Walker’s bags would have led to lawful search of Asbach’s luggage (inevitable discovery)	Asbach: Officer acted in bad faith by exceeding scope of consent and searching containers owned by him, defeating inevitable discovery	Court: No bad faith; inevitable discovery applies — evidence admissible

Katz v. United States, 389 U.S. 347 (establishes warrantless searches are per se unreasonable subject to exceptions)
Florida v. Jimeno, 500 U.S. 248 (consent to search vehicle can reasonably extend to containers when officer expresses belief contraband is present)
Illinois v. Rodriguez, 497 U.S. 177 (apparent common authority can validate third-party consent to search)
Nix v. Williams, 467 U.S. 431 (discusses inevitable discovery doctrine in federal context)
State v. Phelps, 297 N.W.2d 769 (N.D. law on inevitable discovery and bad-faith inquiry)
State v. Asbach, 2015 ND 280, 871 N.W.2d 820 (prior opinion remanding on the bad-faith prong)
State v. Odom, 2006 ND 209, 722 N.W.2d 370 (consent scope measured by reasonable officer perspective)
State v. Zimmerman, 529 N.W.2d 171 (common authority for consent under the Fourth Amendment)
United States v. Munoz, 590 F.3d 916 (container ownership relevant to consent scope)
State v. Holly, 2013 ND 94, 833 N.W.2d 15 (mere unlawfulness of conduct does not necessarily establish bad faith)
City of Fargo v. Thompson, 520 N.W.2d 578 (standard of review for suppression hearing findings)