How have courts dealt with cases where evidence was purged from the taint of an illegal search by the proper execution of a valid search warrant?

MultiRegion, United States of America

The following excerpt is from U.S. v. Otero, 983 F.2d 1079 (9th Cir. 1993):

In United States v. Moreno, 758 F.2d 425 (9th Cir.1985), this court dealt with a situation where the taint of an illegal search was purged by the proper execution of an independently obtained search warrant. There, officers "jimmied" opened an iron gate with a crowbar and proceeded to a wooden door, located six-feet from the gate at the end of an alcove. See United States v. Moreno, 701 F.2d 815, 816 (9th Cir.1983), vacated, 469 U.S. 913 (1985). At the door, they knocked and announced their authority. 758 F.2d at 426. This court concluded that while the entry through the gate was a violation of the 18 U.S.C. 3109, the evidence did not need to be suppressed because it was obtained through a valid search warrant purged of any taint from the illegal entry. Id. at 427. This court found that the evidence forming the basis of the search warrant was independent of the illegal entry and that no evidence was obtained between the time of the illegal entry through the gate and the proper entry through the door into the apartment. Id.

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