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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Legal Definitions - independent-source rule
If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Definition of independent-source rule
The independent-source rule is a legal principle in criminal procedure that allows evidence obtained by illegal means to be admissible in court if it is also obtained by legal means unrelated to the original illegal conduct. This rule is an exception to the fruit-of-the-poisonous-tree doctrine, which generally prohibits the use of evidence obtained through illegal searches or seizures.
Suppose that a police officer conducts an illegal search of a suspect's home and finds drugs. The drugs would normally be inadmissible in court under the fruit-of-the-poisonous-tree doctrine. However, if the police officer later obtains a search warrantbased on independent evidence (such as a tip from a confidential informant) and finds the same drugs, the drugs may be admissible under the independent-source rule.
This rule is intended to prevent criminals from benefiting from their own illegal conduct while still allowing law enforcement to use evidence that is obtained through legal means. It is important to note that the independent-source rule only applies if the legal means of obtaining the evidence are truly independent and not tainted by the original illegal conduct.
Injustice anywhere is a threat to justice everywhere.
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Simple Definition
The independent-source rule is a legal exception that allows evidence obtained illegally to be admissible in court if it was also obtained legally through unrelated means. This rule is an exception to the fruit-of-the-poisonous-tree doctrine, which generally prohibits the use of illegally obtained evidence. The inevitable-discovery rule is a related concept that also allows for the admission of evidence obtained illegally if it would have been discovered legally anyway.
Behind every great lawyer is an even greater paralegal who knows where everything is.
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