People v. Koch

Opinion

SPARKS, J.

In Segura v. United States (1984) 468 U.S. 796 [82 L.Ed.2d 599, 104 S.Ct. 3380], the United States Supreme Court upheld the seizure of incriminating evidence obtained from a private residence under a valid search warrant even though the police had earlier made an unlawful entry into the residence. Since the search warrant had been issued on information obtained by the police before the illegal entry, there had been an independent source for its issuance and consequently suppression of the evidence was not constitutionally compelled. Four years later, in Murray v. United…