Can the inevitable discovery doctrine be applied to improperly seized evidence in a criminal case?

California, United States of America


The following excerpt is from People v. Vilayngeun, A147306 (Cal. App. 2020):

"Under the inevitable discovery doctrine, illegally seized evidence may be used where it would have been discovered by the police through lawful means. As the United States Supreme Court has explained, the doctrine 'is in reality an extrapolation from the independent source doctrine: Since the tainted evidence would be admissible if in fact discovered through an independent source, it should be admissible if it inevitably would have been discovered.' " (People v. Robles (2000) 23 Cal.4th 789, 800, quoting Murray v. United States (1988) 487 U.S. 533, 539.)

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