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Inevitable Discovery Doctrine

By: Derek Hawkins//July 11, 2016//

Inevitable Discovery Doctrine

By: Derek Hawkins//July 11, 2016//

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WI Supreme Court

Case Name: State of Wisconsin v. Mastella L. Jackson

Case No.: 2014AP2238-CR

Focus: Inevitable Discovery Doctrine

Absence of bad faith by officers not a requirement for inevitable discovery doctrine to apply.

“Demonstrated historical facts proving active pursuit of an alternative line of investigation at the time of the constitutional violation certainly help the State to substantiate its claim that discovery of otherwise excludable evidence was inevitable. However, requiring proof in all cases of active pursuit at the time of the constitutional violation risks exclusion of evidence that the State might demonstrate that it inevitably would have discovered. For instance, a constitutional violation may occur so quickly after the commission of a crime that there has not been time to launch the kind of comprehensive investigation that would be normal operating procedure.”

 

Concurring:

Dissenting: ABRAHAMSON, J. and BRADLEY, A. W., J. dissent (Opinion filed).

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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