Exclusionary Rule: A Case Study in Judicial Usurpation…..34:33
Nix v. Williams (U.S. Sup. Ct. 1984)—Under the Inevitable Discovery Doctrine, the Prosecution May Submit “Tainted Evidence” if It Can Establish by a Preponderance of the Evidence that the Information Ultimately or Inevitably Would Have Been Discovered by Lawful Means…..34:863
United States v. Mahoney (5th Cir. 1983)—Evidence Obtained by Police Officers in the Course of Action that Is Taken in Good Faith and in the Reasonable—Though Mistaken—Belief that they Are Authorized, Shall Not Be Suppressed Under the Exclusionary Rule…..34:257