Is a search warrant obtained upon information acquired by an illegal search warrant invalid?

California, United States of America


The following excerpt is from People v. Lucatero, 166 Cal.App.4th 1110, 83 Cal. Rptr. 3d 364 (Cal. App. 2008):

no independent information to support probable cause, the validity of the warrant, and therefore the second entry, rests entirely on the legality of the first entry. A search warrant obtained upon information acquired by an illegal search is invalid, unless the prosecution can show that no information gained from the illegal entry affected the magistrate's decision to grant the warrant. In other words, the probable cause supporting the warrant's issuance must be from an independent source, not a product of the unlawful activity. (See People v. Weiss (1999) 20 Cal.4th 1073, 1080-1082 [86 Cal.Rptr.2d 337, 978 P.2d 1257]; People v. Chapman (1984) 36 Cal.3d 98, 113 [201 Cal.Rptr. 628, 679 P.2d 62].) We must therefore start our analysis with the first entry.

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