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Article: The Inevitable Discovery Exception to the Exclusionary Rule.
- Article from:
- The FBI Law Enforcement Bulletin
- Article date:
- September 1, 1997
- Author:
CopyrightCOPYRIGHT 1997 Federal Bureau of Investigation. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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This article presents an overview of the exclusionary rule and then discusses in detail the nevitable discovery exception to that rule. This exception allows evidence to be admitted, even though it was seized in violation of the Constitution. Most constitutional rights, by their terms, do not provide as a remedy the exclusion of evidence at trial. For example, the Fourth Amendment prohibits the government from conducting unreasonable searches or seizures but does not expressly provide for the exclusion of evidence if the government violates that prohibition. Prior to the adoption of the exclusionary rule, courts usually admitted items into evidence that were seized in ...