What is the test for a search warrant based on information that was both lawfully obtained and unlawfully obtained?

California, United States of America


The following excerpt is from People v. Castro, G036903 (Cal. App. 4/20/2007), G036903 (Cal. App. 2007):

Under the "independent source" doctrine, a search warrant based on information that was both lawfully and unlawfully obtained will be upheld if two conditions are met. First, removing the tainted information, "probable cause remains to support the warrant; and [second] the officers would have sought the warrant without the illegally obtained information." (People v. Weiss (1999) 20 Cal.4th 1073, 1077.) Both of those conditions are satisfied in this case.

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