Inevitable Discovery" Rule
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Questions and Answers

In Texas, will evidence discovered during an illegal warrantless search be suppressed if it is subsequently discovered during a search pursuant to a warrant obtained after the illegal search?

  • Only if the warrantless entry contributed to the issuance of the warrant
  • Only if the warrantless entry was unlawful
  • No (correct)
  • Yes
  • According to the Texas Court of Criminal Appeals, why is the 'inevitable discovery' rule not available in Texas?

  • It is inconsistent with the Texas rule that prohibits the admission of evidence obtained in violation of the law
  • It has been expressly ruled out in Article 38.23 of the Code of Criminal Procedure (correct)
  • It requires an amendment to the statute by the Legislature
  • It is not mentioned in the statute as an exception to the exclusionary rule
  • What did the Texas Court of Criminal Appeals determine about the 'independent source' doctrine?

  • It is inconsistent with the Texas rule that prohibits the admission of evidence obtained in violation of the law
  • It is an exception to the exclusionary rule in Texas (correct)
  • It requires an amendment to the statute by the Legislature
  • It is mentioned in the statute as an exception to the application of the State's exclusionary rule
  • Why did the Texas Court of Criminal Appeals consider evidence obtained through the 'independent source' doctrine untainted?

    <p>It was obtained without prior police misconduct</p> Signup and view all the answers

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