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Can evidence illegally obtained be introduced in evidence if it would have been inevitably discovered by lawful means?

April 26, 2017illegally inevitably introduced lawful means obtained

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Can evidence illegally obtained be introduced in evidence if it would have been inevitably discovered by lawful means?

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A. Yes, if the State can prove by a preponderance of the evidence the evidence would have been discovered. Nix v. Williams, 467 U.S. 431, 104 S.Ct. 2501, 81 L.Ed.2d 377 (1984); State v. Waddell, 14 Kan. App. 2d 129, 784 P.2d 381 (1989).