Which statement describes independent source?

Which statement describes independent source?

• A. A source of evidence that was not illegally seized and provided a basis for discovery
• B. A result of an earlier tainted search
• C. Evidence obtained from the initial illegal seizure
• D. A separate, independent investigation that led to new evidence

Answer: (A)

Independent source means evidence is found through a source that is separate from any illegal police action and would have led to discovery even without the unlawful conduct. Under this doctrine, if investigators obtain the same evidence later from a lawful, independent pathway, that evidence can be admitted despite the earlier taint. That’s why the best description is a source of evidence that was not illegally seized and provided a basis for discovery: it highlights that the evidence comes from a legitimate, independent origin rather than from the illicit search. Evidence that comes from the tainted or initial illegal seizure isn’t independent, so it’s not admissible solely on the later discovery. A separate, independent investigation can lead to new evidence, but the key point is that it must arise from a lawful, independent source that would have produced discovery regardless of the illegal action.

Independent source means evidence is found through a source that is separate from any illegal police action and would have led to discovery even without the unlawful conduct. Under this doctrine, if investigators obtain the same evidence later from a lawful, independent pathway, that evidence can be admitted despite the earlier taint. That’s why the best description is a source of evidence that was not illegally seized and provided a basis for discovery: it highlights that the evidence comes from a legitimate, independent origin rather than from the illicit search.

Evidence that comes from the tainted or initial illegal seizure isn’t independent, so it’s not admissible solely on the later discovery. A separate, independent investigation can lead to new evidence, but the key point is that it must arise from a lawful, independent source that would have produced discovery regardless of the illegal action.