Topic: the government possesses the burden of proving by a prepond… · Go Syfert
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Topic #25440

2 canonical passages across 2 cases, quoted by 13 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from United States v. Cunningham.

#Case FlagCanonical passage Citers
1 United States v. Cunningham Anchor
ca10 · 2005
green “the government possesses the burden of proving by a preponderance of the evidence that the evidence at issue would have been discovered without the fourth amendment violation.” 8
2 United States of America, -Appellee v. Larry Souza
ca10 · 2000
green “a court may apply the inevitable discovery exception only when it has a high level of confidence that the warrant in fact would have been issued and that the specific evidence in question would have been obtained by lawful means.” 5

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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