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The Difference Between the Independent Source Exception and the Inevitable

Question 35

Multiple Choice

The difference between the independent source exception and the inevitable discovery exception is:


A) Under the independent source exception, the evidence introduced at trial was obtained legally whereas the evidence introduced at trial under the inevitable discovery exception was not.
B) The independent source exception relies on a factual finding before the evidence is admitted whereas the inevitable discovery exception necessarily implicates a hypothetical finding before the evidence is admitted.
C) The independent source exception requires third party information whereas the inevitable discovery exception relies on the idea that the police would have established probable cause for a warrant had they had more time to do so.
D) Both a and b are both correct.

Correct Answer:

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