The inevitable discovery exception to the exclusionary rule requires that the government prove by clear and convincing evidence that the evidence unlawfully seized would have been inevitably discovered in the same condition in a lawful fashion.

Question

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The inevitable discovery doctrine does not require proof by clear and convincing evidence. Instead, it requires the prosecution to prove by a preponderance of the evidence that the illegally obtained evidence would have been discovered legally anyway.

The Inevitable Discovery Exception to the Exclusionary Rule Requires That