
CFE exam practice question: daily practice for the Certified Fraud Examiner (CFE) exam — domain: Law.
Question
An internal auditor, without authorization, opens an employee’s shared drive and sees a folder of suspicious invoices. The company runs an automated compliance scan every night; the scan would have flagged those same invoices the following morning and prompted a lawful search that produced a warrant-based seizure. The defendant moves to suppress the seized invoices. Which doctrine most directly supports admitting the invoices into evidence?
Show the answer and explanation
Correct answer: A. Admission under the inevitable discovery doctrine, because the routine automated compliance scan would have discovered the invoices by lawful means.
The correct answer is the inevitable discovery doctrine: if the prosecution can show the automated compliance scan would have uncovered the invoices by lawful procedures regardless of the unauthorized viewing, courts may admit the evidence. Independent source is incorrect here because it requires an actual, independent discovery of the evidence untainted by the illegal act; inevitability focuses on whether lawful procedures would have discovered the item even if the illegal search had not occurred. Attenuation is wrong because mere passage of time or intervening events must significantly break the causal chain from illegality to discovery, which is unlikely when a preexisting automated process would have found the evidence. Consent is incorrect because later consent must be voluntary and unconnected to the taint; the scenario does not establish a valid, untainted post hoc consent.
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