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independent source doctrine Archives

DNA Evidence Admissible Under Independent Source Doctrine

The 'independent source' doctrine may come into play when evaluating the admissibility of evidence in a  criminal trial. The doctrine, similar to the doctrine of inevitable discovery, allows for the admissibility of evidence which may have been obtained by unlawful means when the same evidence was also obtained by lawful means independent of any illegality. A typical example may be when evidence inside a residence is discovered by an unlawful entry and then also subsequently discovered during the execution of a valid warrant, based upon facts independent of anything discovered from the unlawful entry. In the recent Tennessee case of State v. Hernandez, M2013-01321-CCA-R3-CD (Tenn.Crim.App. 7-29-2014), the Court of Criminal Appeals relied upon the independent source doctrine to affirm the admissibility of DNA evidence initially obtained unlawfully.

DNA Evidence Admissible Under Independent Source Doctrine

The 'independent source' doctrine may come into play when evaluating the admissibility of evidence in a  criminal trial. The doctrine, similar to the doctrine of inevitable discovery, allows for the admissibility of evidence which may have been obtained by unlawful means when the same evidence was also obtained by lawful means independent of any illegality. A typical example may be when evidence inside a residence is discovered by an unlawful entry and then also subsequently discovered during the execution of a valid warrant, based upon facts independent of anything discovered from the unlawful entry. In the recent Tennessee case of State v. Hernandez, M2013-01321-CCA-R3-CD (Tenn.Crim.App. 7-29-2014), the Court of Criminal Appeals relied upon the independent source doctrine to affirm the admissibility of DNA evidence initially obtained unlawfully.

DNA Evidence Admissible Under Independent Source Doctrine

The 'independent source' doctrine may come into play when evaluating the admissibility of evidence in a  criminal trial. The doctrine, similar to the doctrine of inevitable discovery, allows for the admissibility of evidence which may have been obtained by unlawful means when the same evidence was also obtained by lawful means independent of any illegality. A typical example may be when evidence inside a residence is discovered by an unlawful entry and then also subsequently discovered during the execution of a valid warrant, based upon facts independent of anything discovered from the unlawful entry. In the recent Tennessee case of State v. Hernandez, M2013-01321-CCA-R3-CD (Tenn.Crim.App. 7-29-2014), the Court of Criminal Appeals relied upon the independent source doctrine to affirm the admissibility of DNA evidence initially obtained unlawfully.

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