Can evidence obtained as a result of an illegal search and seizure be used to establish probable cause for a subsequent search?

MultiRegion, United States of America

The following excerpt is from U.S. v. Barajas-Avalos, 359 F.3d 1204 (9th Cir. 2004):

We are mindful that "evidence which is obtained as a direct result of an illegal search and seizure may not be used to establish probable cause for a subsequent search." United States v. Wanless, 882 F.2d 1459, 1465 (9th Cir.1989) (citations omitted). When an affidavit contains evidence illegally obtained, "[a] reviewing court should excise the tainted evidence and determine whether the remaining, untainted evidence would provide a neutral magistrate with probable cause to issue a warrant." United States v. Vasey, 834 F.2d 782, 788 (9th Cir.1987) (citation omitted).

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