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Wilder v. State

There was a reasonable probability that the incriminating evidence an officer found in the defendant's briefcase would have inevitably been discovered through lawful means.

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After a jury trial, James Wilder was convicted of statutory rape, aggravated child molestation, two counts of child molestation and two counts of sexual exploitation of a child based on acts he committed with a 15-year-old girl. On appeal, this court affirmed the convictions, holding in part that Wilder’s motion to suppress incriminating evidence found in a briefcase had been properly denied pursuant to the independent source exception to the exclusionary rule. Wilder v. State, 304 Ga. App. 891, 891-894 1 698 SE2d 374 2010. The Georgia Supreme Court reversed that decision on the ground that the independent source doctrine did not apply. Wilder v. State, 290 Ga. 13, 15-17 2 717 SE2d 457 2011. However, the Supreme Court remanded the case for consideration of the possible applicability of the inevitable discovery and third-party consent doctrines. Wilder, 290 Ga. at 17 3. On remand, the trial court found that both doctrines did apply and that the motion to suppress had thus been properly denied. Wilder appeals. Because the trial court correctly ruled that the inevitable discovery doctrine applies, we affirm.

The Supreme Court, quoting from Wilder, 304 Ga. App. at 892 1, set forth the following pertinent facts established at the suppression hearing.

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