The police search the defendant's phone is deemed illegal, but the conversation between the defendant and her lover was caught on a legal wiretap of the lover's phone as a result an independent investigation in his involvement in drug distribution case. Can the police still introduce the record of the phone conversation between the two on the day of the murder?

Question

Law

Jessie

12 January, 20:07

The police search the defendant's phone is deemed illegal, but the conversation between the defendant and her lover was caught on a legal wiretap of the lover's phone as a result an independent investigation in his involvement in drug distribution case. Can the police still introduce the record of the phone conversation between the two on the day of the murder?

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Answers (1)

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Ben Nunez · Answer 1

Yes, because the situation follows the independent source doctrine as the evidence obtained is from an separate source.

Explanation:

Independent Source Doctrine is a United States Law formulated by United States Supreme Court decision in the case of Murray v. United States, 487 U. S. 533 (1988). This case created the modern Independent Source Doctrine and it is otherwise called exception to the exclusionary rule.

The doctrine allows the legal officials with search warrant to search for every unlawful thing in possession of defendant whether it's related to case at hand or not. It applies as evidence initially discovered during, or as a consequence of an unlawful search, but later discovered independently from activities posed by the initial illegality.