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What is inevitable discovery?

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Anonymous

12y ago
Updated: 12/16/2022

In a criminal procedure, the inevitable discovery rule allows evidence of a defendant's guilt to be admitted as evidence in a trial. The exclusionary rule judges the admissibility of evidence and under the constitutional law, the evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law.

In simple terms, the inevitable discovery exception to the exclusionary rule allows into evidence illegally seized items that would have been discovered lawfully anyway. This exception allows evidence to be admitted, even though it was seized in violation of the Constitution. In order to successfully assert the inevitable discovery exception, some courts require that the prosecution demonstrate that the police were in the process of actively pursuing a lawful investigation that would have led inevitably to the discovery of the evidence at the time that the evidence was illegally obtained.

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Esta Rogahn

Lvl 10
2y ago

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Related Questions

What is inevitable discovery rule?

In a criminal procedure, the inevitable discovery rule allows evidence of a defendant's guilt to be admitted as evidence in a trial. The exclusionary rule judges the admissibility of evidence and under the constitutional law, the evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law. In simple terms, the inevitable discovery exception to the exclusionary rule allows into evidence illegally seized items that would have been discovered lawfully anyway. This exception allows evidence to be admitted, even though it was seized in violation of the Constitution. In order to successfully assert the inevitable discovery exception, some courts require that the prosecution demonstrate that the police were in the process of actively pursuing a lawful investigation that would have led inevitably to the discovery of the evidence at the time that the evidence was illegally obtained.


What is the inevitable discovery exception?

The inevitable discovery exception is a legal doctrine that allows evidence obtained through an illegal search or seizure to be admissible in court if the prosecution can show that in the normal course of events, the evidence would have been discovered legally. This exception is intended to prevent the suppression of evidence that would have been obtained lawfully regardless of any illegal police conduct.


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The three exceptions to the fruit of the poisonous tree doctrine are independent source, inevitable discovery, and attenuation.


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