Inevitable Discovery, the Exclusionary Rule, and military due process.

摘要

This paper argues for a modification of the Doctrine of Inevitable Discovery. Inevitable Discovery, as presently formulated, allows use of evidence obtained in willful violation of the Fourth Amendment. This paper also traces the historical development of the exclusionary rule, and demonstrates that it is rooted in vindication of constitutional values. This paper traces the historical shift in the basis for the exclusionary rule to a pragmatic, nonconstitutional base. The present pragmatic basis is a result of flawed analysis by the Supreme Court. The paper then demonstrates the proper mode of analysis, as evidenced by a discussion of Court of Military Appeals cases, should result in a predicated of good faith. Before the exception if applied as reformulated, the government would have to demonstrate by a preponderance of the evidence that law enforcement officials acted in good faith before the evidence could be admitted under this exception to the Exclusionary Rule.