What is an example of inevitable discovery?
Inevitable discovery basically means that the officers would have found the evidence legally eventually. For example, say Johnny told the police he did not start any fires in the area. The officers popped the trunk of Johnny’s car and found a gas can.
What is the inevitable discovery rule?
The inevitable discovery doctrine, one such exception, permits the introduction of illegally obtained evidence if the prosecutor can prove that such evidence would have been lawfully discovered in the course of a routine, predictable investigation.
What are the independent source and inevitable discovery doctrine?
While the inevitable discovery doctrine applies if evidence would have been discovered absent the unlawful search, the independent sourcedoctrine applies when the evidence actually was obtained independently from activities untainted by the initial illegality.
What is meant by inevitable discovery?
In criminal procedure, the inevitable-discovery rule allows evidence that would otherwise be subject to suppression be admissible if the State can show that the evidence would have been inevitably and legally discovered by lawful means.
What does the term inevitable discovery mean?
Legal Definition of inevitable discovery : a doctrine in criminal law: evidence obtained by methods that are unconstitutional may be admissible if it would have been inevitably discovered without the unlawful methods — compare fruit of the poisonous tree, inadvertent discovery, independent source, plain view.
What is the exclusionary rule and what is one exception to it?
The exclusionary rule states that illegally-obtained evidence and statements obtained through an illegal interrogation, in violation of the Fourth, Fifth, or Sixth Amendment of the United States Constitution, are inadmissible at the criminal trial of a person whose rights were violated.
What is an example of the exclusionary rule?
The police go to the field and seize the marijuana. Under the doctrine of “fruit of the poisonous tree,” the marijuana will be excluded as evidence in the case against D as it stemmed directly from an illegal search.
What is the exclusionary rule in simple terms?
Definition of exclusionary rule : a legal rule that bars unlawfully obtained evidence from being used in court proceedings.
Which case interpreted the inevitable discovery doctrine?
of Nix v. Williams
In the 1984 case of Nix v. Williams, the Supreme Court officially adopted the inevitable discovery doctrine as an exception to its judicially created exclusionary rule.
When was inevitable discovery established?
1984
The inevitable discovery doctrine was first adopted by the United States Supreme Court in Nix v. Williams in 1984.
Why is the Nix v Williams case important to the inevitable discovery doctrine and the exclusionary rule established in Miranda v Arizona?
In Nix v. Williams,1 the Supreme Court created an “inevitable discov- ery” exception to the exclusionary rule. to introduce illegally obtained evidence at trial upon a showing that such evidence would inevitably have been obtained, even without the police misconduct.
Why has the Supreme Court continued to refine the exclusionary rule?
why does supreme court continue to refine exclusionary rule? The court has broadened who is convicted and people are getting off on very small details.
Why did the Supreme Court adopt the exclusionary rule?
The exclusionary rule is designed to protect privacy rights, with the Fourth Amendment applying specifically to government officials. Standing requirement: Evidence can only be suppressed if the illegal search violated the person’s own (the person making the court motion) constitutional rights.
What is the primary purpose of the exclusionary rule?
The main purpose of the exclusionary rule is to deter the government (primarily the police) from violating a person’s constitutional rights: If the government cannot use evidence obtained in violation of a person’s rights, it will be less likely to act in contravention of those rights.
What are the two exceptions to the exclusionary rule?
Two important exceptions to exclusionary rules under the federal constitution were adopted by the United States Supreme Court within a month of each other in 1984: (1) the inevitable discovery exception in Nix v. Williams, 467 U.S. 431 (1984), and (2) the independent source exception in Segura v. United States, 468 U.S. 796 (1984); see also the
What is the inevitable discovery exception to the Fourth Amendment?
The court adopted under the state constitution the inevitable discovery exception to the Fourth Amendment’s exclusionary rule that was recognized in Nix v. Williams, 467 U.S. 431 (1984).
Is the exclusionary rule open to debate?
the exclusionary rule is open to debate, the Supreme Court continues to focus on the deterrence rationale when applying the rule or one of its exceptions. 54 B. The Inevitable Discovery Exception
Is the inevitable discovery exception consistent with the exclusionary rule126?
The inevitable discovery exception is inconsistent with the deterrence rationale of the exclusionary rule126 because it does not distinguish an of- ficer’s “bad faith” conduct from “good faith” conduct. For example, when police have limited information concerning the commission of a crime,