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This claim, however, misunderstands the inevitable discovery doctrine.
Cf. Nix v. Williams, 467 U. S. 431, 444 (1984) (describing related "inevitable discovery" exception).
Justice Holmes in Silverthorne, in discussing an "independent source" exception, set forth the principles underlying the inevitable discovery rule.
Furthermore, New York argues that the inevitable discovery and independent source doctrines prevent the exclusionary rule from being applied to preexisting DMV records.
The inevitable discovery doctrine allows the use of evidence that was discovered as a result of governmental illegality, as long as the evidence inevitably would have been discovered through lawful means.
Rather, "independent" or "inevitable" discovery refers to discovery that did occur or that would have occurred (1) despite (not simply in the absence of) the unlawful behavior and (2) independently of that unlawful behavior.
Similar(46)
In a world of inevitable simultaneous discoveries, there is no point to keeping most things secret.
It was perhaps inevitable that a discovery of such magnitude should draw critical fire, as Dr. White himself acknowledged this week in an e-mail message.
Are unintended consequences simply an inevitable consequence of discovery?
Creager's subject is not just that of the adoption and diffusion of tmv as experimental system but also the analytical opportunity implicit in that narrative, which allows her to illuminate the changing circumstances that fostered innovation and the multidimensional contingencies that marked what might be seen in retrospect as an inevitable trajectory of discovery.
We designed the current study as an exploratory analysis expecting a minimal level of false discovery inevitable in analysis of large microarray gene probes.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com