Murray v. United States

In Murray v. United States, 487 U.S. 533 (1988), federal agents made an illegal warrantless entry into a warehouse during surveillance of suspected illicit drug activities. During the illegal entry, the agents observed several burlap-wrapped bales that were later found to contain marijuana. See 487 U.S. at 535. The agents left the warehouse without disturbing the bales and did not return until they had secured a search warrant. See id. The affidavit in support of the warrant did not include any reference to the prior entry or to the evidence observed while in the warehouse. See id. at 535-36. The Court remanded the case to determine whether the search pursuant to the warrant was a genuinely independent source of the evidence seized. See id. at 543-44. Because the affidavit in support of the warrant had not included any information gathered during the illegal sweep of the warehouse, the sole question on remand was whether the agents would have sought the warrant if they had not previously entered the warehouse. See id. The Court held that, in determining whether evidence is admissible under the independent source exception, the ultimate question is "whether the search pursuant to warrant was in fact a genuinely independent source of the information and tangible evidence at issue here." Id. at 542. The Court noted that the warrant would not qualify as an independent source "if the agents' decision to seek the warrant was prompted by what they had seen during the initial entry, or if information obtained during that entry was presented to the Magistrate and affected his decision to issue the warrant." Id.