Independent Source Doctrine
What does "Independent Source Doctrine" mean in law?
The independent source doctrine, established in Silverthorne Lumber Co. v. United States (1920) and refined in Murray v. United States (1988), provides that evidence initially discovered through an illegal search is admissible if it is later obtained through a source wholly independent of the constitutional violation. In Murray, the Court held that if police illegally enter a warehouse, observe bales of marijuana, and later obtain a warrant based on information entirely untainted by the illegal entry, the evidence seized under the warrant is admissible. The critical inquiry is whether the decision to seek the warrant was prompted by what was observed during the illegal entry or was instead based on information possessed before the illegal conduct. This doctrine is distinct from inevitable discovery because it requires an actual independent source, not merely a hypothetical one.
Definition
The independent source doctrine, established in Silverthorne Lumber Co. v. United States (1920) and refined in Murray v. United States (1988), provides that evidence initially discovered through an illegal search is admissible if it is later obtained through a source wholly independent of the constitutional violation. In Murray, the Court held that if police illegally enter a warehouse, observe bales of marijuana, and later obtain a warrant based on information entirely untainted by the illegal entry, the evidence seized under the warrant is admissible. The critical inquiry is whether the decision to seek the warrant was prompted by what was observed during the illegal entry or was instead based on information possessed before the illegal conduct. This doctrine is distinct from inevitable discovery because it requires an actual independent source, not merely a hypothetical one.
Example
Officers illegally entered a warehouse and saw drugs, but the warrant they subsequently obtained was based entirely on an informant's tip and surveillance conducted before the illegal entry, so the evidence was admitted under the independent source doctrine.