INEVITABLE DISCOVERY RULE, AN EVOLVING EXCEPTION TO THE CONSTITUTIONAL EXCLUSIONARY RULE

• NCJ Number: 34996
• Journal: Albany Law Review Volume: 40 Issue: 3 Dated: (1976) Pages: 483-512
• Author(s): S H LACOUNT; A J GIRESE
• Date Published: 1976
• Length: 30 pages
• Corporate Author: Union University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

A DISCUSSION OF THE ORIGINS AND APPLICATIONS OF THIS RULE WHICH HOLDS THAT EVIDENCE TAINTED BY ILLEGALITY WILL NOT BE SUPPRESSED WHERE THE PROSECUTION ESTABLISHES THAT IT WOULD HAVE BEEN DISCOVERED THROUGH LEGAL MEANS.

Abstract

THIS ARTICLE TRACES THE DEVELOPMENT OF INEVITABLE DISCOVERY IN FEDERAL AND STATE JURISDICTIONS, EXAMINES THE NATURE AND ELEMENTS OF THE PROSECUTION'S BURDEN OF PROOF, DEFINES APPROPRIATE APPLICATIONS OF THE RULE, AND COMMENTS UPON THE PROSEPECT OF THE SUPREME COURT ADOPTING THE DOCTRINE OF INEVITABLE DISCOVERY. THE AUTHORS CONCLUDE THAT THE INEVITABLE DISCOVERY DOCTRINE IS A VALUABLE, LOGICAL AND CONSTITUTIONAL PRINCIPLE. IT SERVES THE PURPOSE OF THE EXCLUSIONARY RULE BY DENYING TO THE GOVERNMENT USE OF ILLEGALLY OBTAINED EVIDENCE AND AT THE SAME TIME MINIMIZES THE OPPORTUNITY FOR THE DEFENDANT TO RECEIVE AN UNDESERVED AND SOCIALLY UNDESIRABLE BONANZA. ALTHOUGH THERE ARE MANY PROBLEMS, CONCEPTUAL AND PRACTICAL, UNDERLYING THE APPLICATION OF THE RULE, THEY ARE NOT INCAPABLE OF SOLUTION BY COURTS, THE AUTHORS MAINTAIN. (AUTHOR ABSTRACT MODIFIED)