LP Logo New Jersey Libertarian Party
Open Government Advocacy Project:
Exception to 4th Amendment: Inevitable Discovery Doctrine
 

Issue Detail:

 
Even if a police search is illegal, the fruits of the search can still be used as evidence against the defendant in accordance with the \"inevitable discovery doctrine.\" According to this doctrine, \"the State must show that had the illegality not occurred, it would have pursued established investigatory procedures that would have inevitably resulted in the discovery of the controverted evidence, wholly apart from its unlawful acquisition.\" For a discussion of this doctrine, see today\'s (September 25, 2013) Appellate Division decision in State v. Salladino, which arose out of a Lower Township (Cape May County) police detective Michael P. Majane\'s illegal search that discovered a bottle of illegal pills. That decision is on-line here.

 

Documents:

 


Upcoming Events | Meeting Minutes | OGTF | Bylaws | Webmail | Back | LPCNJ Home

Return to Top of Page


 

For comments and suggestions, click here
New Jersey Libertarian Party Open Government Advocacy Project: Exception to 4th Amendment: Inevitable Discovery Doctrine . September 25, 2013.
URL: http://ogtf.lpcnj.org/2013/2013268yb/
Copyright © 2004-2013 Libertarian Party of Central New Jersey
Site provisioning by The Web Warren.

 

 

    Valid HTML 4.01!     Valid CSS!