Section 6.32 Inevitable Discovery Rule

• Library: DWI 2014

Under the rule of inevitable discovery, evidence obtained as the result of an illegal search and otherwise inadmissible will be admitted if the State can show that the evidence would have been obtained through other, lawful means. State v. Milliorn,794 S.W.2d 181 (Mo. banc 1990). At a suppression hearing, the State must show by a preponderance of the evidence that the illegally obtained evidence would ultimately have been discovered by lawful means. Id. at 186. Inevitable discovery cannot be speculative...