Can evidence seized during an illegal search be used in a civil case?

California, United States of America


The following excerpt is from People v. Gamboa, F069190 (Cal. App. 2015):

Under the inevitable discovery exception, evidence seized during an illegal search may be admissible if police would have discovered it through lawful means. (People v. Robles (2000) 23 Cal.4th 789, 800.) The burden is on the People to demonstrate that "due to a separate line of investigation, application of routine police procedures, or some other circumstance," illegally seized evidence would have been lawfully seized. (People v. Hughston (2008) 168 Cal.App.4th 1062, 1072.) Such a showing must be based upon "'historical facts capable of ready verification or impeachment,'" rather than speculation. (Ibid.)

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