Whether, in conflict with the holdings of the U.S. Courts of Appeals for the Second, Fifth, Eighth, Eleventh and D.C. Circuits and several State courts of last resort, the trial court erred in failing to find that the police officer must actively be pursuing a lawful means of obtaining evidence prior to the occurrence of the illegal misconduct under the inevitable discovery exception to the exclusionary rule.

Whether the police officer must actively be pursuing a lawful means of obtaining evidence prior to the occurrence of the illegal misconduct under the inevitable discovery exception