6.3

• Jurisdiction: Arizona

§ 6.3 Independent Source

General Rule. If police acted unlawfully, but justification for the search was provided by a source independent of the illegality, evidence should not be suppressed. State v. Soto, 195 Ariz. 429, 990 P.2d 23 (App. 1999) (Div. 1) (discussion of independent source doctrine); Segura v. United States, 468 U.S. 796 (1984); State v. Lamb, 116 Ariz. 134, 138, 568 P.2d 1032, 1036 (1977); State v. Hackman, 189 Ariz. 505, 943 P.2d 865 (App. 1997) (Div. 1) (discussion of difference between independent source and inevitable discovery doctrines, and how they are intertwined); State v. Houpt, 169 Ariz. 550, 821 P.2d 211 (App. 1991) (Div. 2) (discovery of marijuana in suitcase in baggage area at airport was completely independent of illegal seizure of defendant on airport concourse).

Initial warrantless entry of defendant’s home was not justified by exigent circumstances, but evidence found in home did not need to be suppressed, since home was searched pursuant to a warrant based on knowledge derived independently of the illegal entry. State v. Martin, 139 Ariz. 466, 679 P.2d 489 (1984). “Evidence obtained through search under a valid warrant obtained on the basis of info from sources independent of the prior...