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Preferred term

independent source doctrine  

Definition

  • The independent source doctrine limits the application of the exclusionary rule by providing that this rule for the judicial exclusion of illegally obtained evidence does not require the exclusion of similar or identical evidence that was also secured by an independent, but fully legal, search. The exclusionary rule is usually traced to Weeks v. United States (1914), where the Court applied it to the national government, and to Mapp v. Ohio (1961), where it applied it to the states. [Source: Encyclopedia of the Fourth Amendment; Independent Source Doctrine]

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URI

https://concepts.sagepub.com/social-science/concept/independent_source_doctrine

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