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The inevitable discovery: Exception to the exclusionary rule
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FBI Law Enforcement Bulletin
- Article date:
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September 1, 1997
- Author:
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Copyright informationCopyright United States. Federal Bureau of Investigation Sep 1997. Provided by ProQuest LLC. (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 violation of the ...
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