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118
Nix v. Williams
Inevitable Discovery Doctrine
- also known as Hypothetical Independent Discovery Doctrine
- ("But For" severance exception)
Police must show that evidence would have been obtained by an independent line of investigation anyway; then the illegal method is irrelevant.
Policy: Do not want to put the police in no worse position absent the illegality when suppressing evidence (don't really understand this)
(Case: Dead Body was being searched for and Police violated Murderer's 6th Amend rights and he told them where the body was. Search was called off and body found. Search would have uncovered the body within 3 hours)
- also known as Hypothetical Independent Discovery Doctrine
- ("But For" severance exception)
Police must show that evidence would have been obtained by an independent line of investigation anyway; then the illegal method is irrelevant.
Policy: Do not want to put the police in no worse position absent the illegality when suppressing evidence (don't really understand this)
(Case: Dead Body was being searched for and Police violated Murderer's 6th Amend rights and he told them where the body was. Search was called off and body found. Search would have uncovered the body within 3 hours)
Flashcard info:
Author: tjkoger
Main topic: Law
Topic: Criminal Law
School / Univ.: University of Mississippi
City: Oxford
Published: 11.09.2009