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The inevitable discovery exception

  1. bestmilitarydefensedefenseattorneys10.04.03PMMil. R. Evid. 304(b)(2) and (3) provide that: a. Evidence that was obtained as a result of an involuntary statement may be used when the evidence would have been obtained even if the involuntary statement had not been made. b. Evidence challenged as derivative evidence may be admitted against the accused if the military judge finds by a preponderance of the evidence that the statement was made voluntarily, that the evidence was not obtained by use of the statement, or that the evidence would have been obtained even if the statement had not been made.
  2. United States v. Kline , 35 M.J. 329 (C.M.A. 1992). Accused, on his own initiative, contacted his commander and stated, “I have just turned myself in for sexually molesting my daughter.” The court found admission was not inadmissible involuntary derivative evidence, despite suppression of a similar admission made to a military social worker hours earlier.