{"id":13583,"date":"2018-02-10T16:39:34","date_gmt":"2018-02-10T16:39:34","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=13583"},"modified":"2018-02-18T17:39:06","modified_gmt":"2018-02-18T17:39:06","slug":"independent-source-hearing","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=13583","title":{"rendered":"Independent-Source Hearing – a hearing to determine whether evidence was obtained illegally, and if so, whether the evidence is admissible"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Criminal Proceedings<\/a> >>>> Preliminary Hearing or Grand Jury Proceedings<\/a>:<\/span>
\n<\/strong><\/p>\n

***********************<\/p>\n

independent-source hearing<\/span>:<\/span>
\n<\/strong>(1990)<\/span><\/p>\n

1.<\/strong> Criminal procedure<\/em>. A hearing to determine whether evidence was obtained illegally, and if so, whether the evidence is admissible.<\/strong> <\/span><\/p>\n


\n<\/span><\/p>\n

independent-basis doctrine<\/strong><\/span> – (1970) Criminal procedure<\/em>. The rule that even if a witness’s identification o a criminal defendant was tainted by suggestiveness in a lineup, photo array, etc., the identification is nevertheless admissible in evidence if the prosecution presents corroborative evidence that is untainted.\u00a0 <\/strong><\/span><\/p>\n

fruit-of-the-poisonous-tree doctrine<\/span><\/a> – evidence derived from an illegal search, arrest, or interrogation is inadmissible because the evidence (the “fruit”) was tainted by the illegality (the “poisonous tree”).<\/strong> \u2014 aka fruits doctrine<\/strong><\/em><\/span>.
\n<\/span><\/p>\n