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Fourth Amendment eBook

Search and Seizure
Part 1-Volume 1
Chapter 20 Introduction-Exclusionary rule

The inevitable discovery doctrine was adopted first by the United States Supreme Court in Nix v Williams in 1984. It holds that evidence obtained through an unlawful search or seizure is admissible in court if it can be established,to a very high degree of probability, that normal police investigation would have inevitably led to the discovery of the evidence. This decision was upheld because given the fact that the exclusionary rule was created specifically to deter police and state misconduct, excluding evidence that would inevitably (hypothetically) have been discovered otherwise would not serve to deter police misconduct. In People v. Stith, the Court stated that this doctrine may not be used to admit primary evidence but only secondary evidence, i.e. evidence found as a result of the primary evidence.

A four-story building housing doctors' offices collapsed and burned in an apparent gas explosion Monday after what witnesses described as a thunderous blast that rocked an upscale neighborhood just off Madison Avenue. At least 11 people were injured - five civilians and six firefighters, the Fire Department said.