What is independent source?

What is independent source?

• A. A Tip from a Confidential Informant
• B. Existence of Evidence which was not illegally seized and which in fact provided a basis for the discovery of the challenged evidence
• C. A Witness Statement
• D. A Police Report of a Prior Search

Answer: (B)

Independent source means the evidence was discovered through a separate, lawful route, not connected to the illegal act. If there is a legitimate, independent path to the evidence—something not tainted by the prior illegality—the evidence can be admissible even though other evidence was obtained illegally. The option describing evidence that was not illegally seized and itself provided a basis for discovering the challenged evidence captures this idea: there exists an uncontaminated source that led to finding the evidence in question. The other choices describe sources tied to the investigation or the tainted chain of events (like a tip, a witness statement, or a prior police report), which do not demonstrate an independent, lawful pathway to the challenged evidence.

Independent source means the evidence was discovered through a separate, lawful route, not connected to the illegal act. If there is a legitimate, independent path to the evidence—something not tainted by the prior illegality—the evidence can be admissible even though other evidence was obtained illegally. The option describing evidence that was not illegally seized and itself provided a basis for discovering the challenged evidence captures this idea: there exists an uncontaminated source that led to finding the evidence in question. The other choices describe sources tied to the investigation or the tainted chain of events (like a tip, a witness statement, or a prior police report), which do not demonstrate an independent, lawful pathway to the challenged evidence.