Can a search warrant based on information acquired from an illegal search be invalid?

California, United States of America


The following excerpt is from People v. Verdin, G054703 (Cal. App. 2019):

A search warrant based on information acquired by an earlier illegal search is itself illegal. (People v. Chapman (1984) 36 Cal.3d 98, 113, disapproved on other grounds in People v. Palmer (2001) 24 Cal.4th 856, 861.) No Fourth Amendment violation occurs, however, if the earlier warrantless search was lawful or police obtained the information in the search warrant independent of any illegality. (Segura v. U.S. (1984) 468 U.S. 796, 798 [no basis to invalidate a search warrant issued on information unrelated to earlier illegal entry].) Because the trial court declined to conduct an evidentiary hearing, we are in no position to resolve Verdin's Fourth Amendment contentions.

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