PEOPLE v. WEISS

No. A078089.

78 Cal.Rptr.2d 284 (1998)

The PEOPLE, Plaintiff and Respondent, v. Carl William WEISS, Defendant and Appellant.

Court of Appeals of California, First District, Division Three.

Review Granted December 22, 1998.


Attorney(s) appearing for the Case

Chris P. Andrian, Esq., Andrian & Gallenson, Santa Rosa, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Ronald E. Niver, Supervising Deputy Attorney General, Amy Haddix, Deputy Attorney General, for Plaintiff and Respondent.


PARRILLI, Associate Justice.

In this case, the sole issue is whether illegally obtained information contained in a search warrant affidavit tainted the magistrate's decision to issue the warrant. Under the "independent source" exception to the exclusionary rule, evidence discovered in an unconstitutional search is admissible if the evidence was also obtained from an independent untainted source. (Murray v. United States (1988) 487 U.S. 533

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