Anonymous ID: 217e49 April 27, 2018, 9:56 p.m. No.1219260   🗄️.is 🔗kun

In US law, the independent source doctrine is an exception to the exclusionary rule. The doctrine applies to evidence initially discovered during, or as a consequence of, an unlawful search, but later obtained independently from activities untainted by the initial illegality.

 

The United States Supreme Court, in Nix v. Williams, provided the policy rationale for admitting tainted evidence:

 

The independent source doctrine teaches us that the interest of society in deterring unlawful conduct and the public interest in having juries receive all probative evidence of a crime are properly balanced by putting the police in the same, not a worse, position that they would have been in if no police error or misconduct had occurred.

Anonymous ID: 217e49 April 27, 2018, 10:02 p.m. No.1219325   🗄️.is 🔗kun

The proposition could not be presented more nakedly. It is that although of course its seizure was an outrage which the Government now regrets, it may study the papers before it returns them, copy them, and then may use the knowledge that it has gained to call upon the owners in a more regular form to produce them; that the protection of the Constitution covers the physical possession but not any advantages that the Government can gain over the object of its pursuit by doing the forbidden act. Silverthorne Lumber Co. v. United States, 251 U.S. 385.