Explain the independent source doctrine, and give an example.

Question

What will be an ideal response?

Answer 1

The independent source doctrine is an exception to the fruit of the poisonous tree doctrine that allows a prosecutor to admit evidence that would otherwise be inadmissible because of an illegal search. To admit the evidence, the prosecutor must show that the same information, or knowledge, was also gained through another independent source, unrelated to the illegality. Thus, the information is admissible through this independent source and not through the illegal search.

An example would be a police officer searching the trunk of a vehicle without the driver's consent or probable cause and finding 200 pounds of cocaine. Several miles away, another police officer executes a search warrant at a house where cocaine is being manufactured and arrests several individuals. The second officer finds a written travel plan for the transportation of the 200 pounds of cocaine and the arrested individuals confirm that the vehicle has already left and provide a complete description of the vehicle and the driver. The second officer puts out an all points bulletin and follows the transport route of the cocaine-laden vehicle. The second officer finds that the vehicle has already been pulled over, the driver has been arrested, and the cocaine has been seized. Although the cocaine cannot be admitted through the first search that was illegal, it will be admitted through the second officer's independent investigation.