Daniel J. Van Linn v. Wisconsin
FourthAmendment CriminalProcedure JusticiabilityDoctri
Whether a court seeking to determine if a source of evidence is "genuinely independent" for purposes of the "independent source" exception to the exclusionary rule must ask whether the actual officers involved would have sought the relevant evidence had the unlawful search never taken place or instead may ask only whether a hypothetical reasonable officer would have sought the relevant evidence had the unlawful search never taken place.
Whether a court seeking to determine if a source of evidence is 'genuinely independent' for purposes of the 'independent source' exception to the exclusionary rule must ask whether the actual officers involved would have sought the relevant evidence had the unlawful search never taken place or instead may ask only whether a hypothetical reasonable officer would have sought the relevant evidence had the unlawful search never taken place