The Silver Platter Doctrine

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Case Project 5-3 The silver platter doctrine, now defunct, allowed an exception to the exclusionary rule. It permitted federal courts to use illegally-seized evidence from state courts in federal prosecutions (Silver platter doctrine, 2005, Oxford Companion to the US Supreme Court). Since the exclusionary rule has also been applied to the states as well as to the federal government, this exception is no longer a legal justification when debating whether evidence should be included as evidence. There are many valid existing exceptions to the exclusionary rule. For example, if evidence would be inevitably discovered, even if the evidence was initially seized illegally, it may still be admitted. However, this might be difficult to argue as a defense regarding hidden computer files, depending upon the circumstances. Evidence can also be included if it "is obtained from a source independent of the illegality. For example, two searches are conducted and produce the same evidence. One of the searches is illegal; the other is not. The evidence from the second search is admissible" (Exclusionary rule, 2011, O'Connor Law Firm). Also, if the evidence is offered by the defendant's free will or if there is a technical problem with a warrant but the officer acts in good faith, the evidence may still be submitted in a court of law (Exclusionary rule, 2011, O'Connor Law Firm). None of these exceptions apply in this instance. However, the evidence was obtained by a private
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