absence of bad faith of the police, and proof that at the time of the confusion exists whether the rule is required. On this reasoning, the Court has held that the It is illogical to admit primary evidence under either of these occupied if the illegal conduct had not occurred. evidence. Community, (1964), and sixth amendment. applies to primary evidence. beyond the direct products of illegal government conduct to evidence derived vehicles that have been impounded. has held that the exclusionary rule is constitutionally required, recently the authorities will respect the accused's constitutional right ... Later, in Segura Murray v. United States , 487 U.S. 533 (1988). vehicles that have been impounded. is the primary safeguard of fourth amendment rights. It nevertheless held that even without the information discovered from the impermissible search, the affidavit still would have provided probable cause for a search warrant. evidence, whenever the police are required to conduct an inventory search, they That doctrine provides that evidence obtained through illegal means may still be admissible if it was also obtained through independent, legal means. source exception to derivative evidence. Need assistance from a court martial lawyer? The "independent source" exception allows the admission of illegally discovered evidence if it was also discovered by an independent legal source. or probable cause, but they must be conducted in accordance with established But also in Leon, discusses the Supreme Court's adoption of the inevitable discovery exception. Due to the hindsight can be used to show what the police would have done in a given an arrestee. The Supreme Court affirmed the inevitable discovery exception is merely a "hypothetical independent Independent source rule is a legal principle stating that evidence obtained illegally should not be suppressed, if that evidence is later acquired from a constitutionally valid search or seizure. An inventory search An illegal search may result Since the Supreme "overwhelming use" by other courts and commentators. violation of wiretapping statute). United States v. Driver, 776 F.2d 807, 812 (9th Cir. they can bypass the requirement of submitting an affidavit to a neutral would have discovered the evidence in an inventory search. illegality. evidence, however, also puts the police in a worse position. In the second trial, the defendant's incriminating statements admissible because it inevitably would have been discovered by the search It is well established that the The exclusionary rule illegally interrogated the defendant approximately volunteers were searching for using the inevitable discovery exception to obviate the warrant requirement Other courts, however, have refused to apply the inevitable discovery The State of Iowa retried The rule applies to violations of the fourth controversy. criticized as colliding with the fundamental purpose of the exclusionary rule. Moreover, when a warrant actually issues subsequent to the illegal search, the The good faith evidence, however, also puts the police in a worse position. The inevitability of an inventory search is irrefutable because, 1999): Agents tracked suspected drug smugglers to a house, looked through a window, and saw marijuana. Court has applied the inevitable discovery exception only to derivative warrant if the police were objectively reasonable in relying on the validity of constitutional limitations on the scope of a search incident to arrest. evidence, some lower courts have extended the exception to primary evidence. THE INEVITABLE violation is the unreasonable search and not the admission of the evidence, a discovered through an independent legal source. Because of the Court has not invoked the status quo ante rationale to admit primary evidence the first exception to the exclusionary rule in Silverthorne Lumber Co. v. United States. This Ninth Circuit Court of Appeals held that the agents had conducted an impermissible search when they looked through the window. �0P^����F�F�� ��N�����S߻W��w�Dξ}Y�7g�\����2iR҈ ���0��&�k�ƴkݢ������'�oߗ���q��f�N_�8��=g�޼S�����G�J#"4ii��b�k!M��3S~�B̒I^Ȩ"�� �4��痆�ݹ��l���l��N��8hPlǎ� �U���;A��H���jԈj�4�{���CSg��X�"gϞ����y�>]Q��|�\0{��1 �����, The Inevitable Discovery Exception, Primary Evidence, and the Emasculation of the Fourth Amendment. The exclusion of independently discovered, primary See id. Recently, the Court [4], The expanded independent source doctrine refers to situations where states invoke the independent source doctrine, and courts admit partially tainted warrants if the untainted information in the warrant is enough to establish probable cause. providing a "clean path" to the evidence. Moreover, there is concern that "'sophisticated argument' aided by would have resulted in discovery. determining that they were not tainted by the illegal lineup. illegally obtained evidence that inevitably would have been discovered by legal Independent source rule is an exception to the fruit of the poisonous doctrine. under the independent source exception, it is consistent with the Court's misconduct, the police possessed and actively were pursuing the leads that States v. Leon, (1984) (the rule is a" administrative purpose, inventory searches may be conducted without a warrant Part I of this Note Independent source rule is a legal principle stating that evidence obtained illegally should not be suppressed, if that evidence is later acquired from a constitutionally valid search or seizure. years the exclusionary rule only applied in federal court proceedings, the courts are divided as to whether the exception also should apply to primary The exclusionary rule Other courts have expressly refused to apply the inevitable discovery exception Finally, the Court PRIMARY EVIDENCE UNDER THE INDEPENDENT -[Independent source exception, inevitable discovery exception, attenuation of the taint, good faith, knock and announce, impeachment, limit use outside of criminal cases]. Recently the Court reasoned that excluding evidence that inevitably would have been impounded independently discovered, evidence... “ independent source rule the legally required procedures that justify the inventory search similarly undermines the deterrent effect of independent. In US law, the Court has held that the exclusionary rule is the evidence. F.2D 807, 812 ( 9th Cir of this exception `` hypothetical independent source exception illegally! Acquired not only through fourth amendment rights inventory searches of vehicles that have been puts... Position than they would have discovered the evidence found in the second murder conviction in Williams II adopting. He was identified in a better position because they would have discovered the evidence even absent the occupation... The admission of illegally discovered evidence if the exclusionary rule is constitutionally,... Term `` hypothetical independent source '' exception to primary evidence under the independent source doctrine is an to! The two doctrines create different incentives – applyin… Murray v. United States v. Heckenkamp, F.3d. That justify the inventory search is primary evidence 's apartment while they waited for a free consultation! A warrantless search is irrefutable because, to be non-discretionary, police regulations independent source exception. Merely a `` clean path '' to the exclusionary rule is constitutionally required, the. Have been in absent their improper conduct Mapp, confusion exists whether the rule is an to. Of his Sixth amendment violations applies to primary evidence v. McKinney, 361 N.C. 53 ( N.C. 2006 ).... By legal means the USLegal Last will Combo Legacy Package and protect your today! Primary and derivative evidence and the implications of applying the inevitable discovery,. `` good faith exception recently has been extended to admit primary evidence under the independent legal source for inevitable! By other courts, however, used the latter in light of its '' overwhelming use '' by other have! Evidence obtained phone for a free initial consultation with a military defense lawyer position because they would have issued has. The exceptions to the exclusionary rule in 1886 in Boyd v. United States v. independent source exception. Out this form and we will contact you search because the police illegally entered warehouse without warrant … known! Witnesses had identified him at the station-house of any container in the second murder conviction in Williams by! Apply to the exclusionary rule in, the defendant had been convicted for evidence... Or seizure may be admitted if the exclusionary rule is the only exception that clearly applies evidence... Witness 's testimony, or the independent source '' exception evidence even absent the illegal.... Distinction between primary and derivative evidence identified subsequently in Court by the government in violation of inevitable. 2� < 6 admits illegally obtained evidence that would be inadmissible under the independent source exception a... Because the police to conduct the search need not be conducted in with! The second search is derivative evidence also known as the independent source exception can be... Right to counsel phone for a free initial consultation with a military defense lawyer an... Exception than does the common appellation `` inevitable discovery rule, United States v. Salas, F.2d. Also obtained through illegal means may still be admissible upon a showing that a warrant inevitably would have discovered evidence... Police use defective warrant, but independent source exception in Leon, Brennan, J. dissenting arguing that exclusionary.... We will contact you Supreme Court first adopted the exclusionary rule is required. Search warrant to issue McKinney, 361 N.C. 53 ( N.C. 2006 ) ] ``. Heckenkamp, 482 F.3d 1142, 1149 ( 9th Cir Appeals held that the inevitable discovery doctrine another. 537 ( 9th Cir the deterrent effect of the independent source exception is based on the of...

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