Is tainted evidence admissible if it was discovered by the police through lawful means?

California, United States of America


The following excerpt is from People v. Fernandez, F068554 (Cal. App. 2015):

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.' [Citation.] The purpose of the inevitable discovery rule is to prevent the setting aside of convictions that would have been obtained without police misconduct. [Citation.]" (People v. Robles (2000) 23 Cal.4th 789, 800.)

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