In a criminal case, there are many laws and regulations surrounding the methods used by police officers and other officials and how they obtain and submit evidence. Therefore, the question often arises, “Is it admissible?” In many cases, the answer is no because the police did not follow the correct protocol. As a direct result, many cases need to be thrown out, no matter how much evidence was against a defendant. If the police attain the evidence illegally, it is not admissible in court. Yet, in a criminal defense case, the prosecution heavily relies on the “inevitable discovery exception."
What Is the Inevitable Discovery Exception?
First, in order to completely understand the term, you must understand the law that inevitable discovery is an exception of, known as the exclusionary rule, as well as your Fourth Amendment rights. The Fourth Amendment is a portion of the United States Constitution that safeguards your home and your right to be arrested or searched without just cause. The Fourth Amendment states:
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