Municipal Police Officers' Education and Training Commission (MPOETC) Act 120 Practice Exam

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Question: 1 / 245

What must a police officer show to utilize the inevitable discovery doctrine effectively?

That another investigation is pending

That the victim consented to the search

That the evidence would have been found legally regardless

To effectively utilize the inevitable discovery doctrine, a police officer must demonstrate that the evidence in question would have been discovered through lawful means, regardless of any illegal actions taken during the initial search. This doctrine allows evidence that was obtained unlawfully to be admitted in court if it can be shown that the evidence would have ultimately been uncovered through a legal process, removing any prejudicial effect of the earlier unlawful conduct.

This principle is grounded in the idea that excluding evidence that would have been found anyway does not serve the best interests of justice, as it doesn't impact the integrity of the judicial process. It focuses on the probable outcomes had proper procedures been followed. By ensuring that the evidence is reliable and would have emerged through legal avenues, the doctrine reinforces the balance between protecting constitutional rights and maintaining law enforcement efficacy.

The other options either do not pertain to the inevitable discovery doctrine or include conditions that do not align with the legal framework in which this doctrine operates. For instance, pending investigations, victim consent, and the timing of arrests do not relate directly to the inevitable discovery of evidence and do not support its application as effectively as demonstrating the lawful alternative pathway to the evidence's discovery.

That the arrest was made after the search

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