11.6: Michael F. Murray, Petitioner V. United States Of America, james D. Carter, Petitionerv. United States Of America
Facts of the Case
On April 6, 1983, federal law enforcement agents tailing Michael F. Murray and James D. Carter for suspicion of illegal drug activities saw the two drive large vehicles into a warehouse in South Boston. When Murray and Carter left, the agents saw a tractor-trailer rig and a large container. The agents arrested Murray and Carter and lawfully seized their vehicles, which contained marijuana. Several agents then returned to the warehouse, forced entry without a search warrant, and found numerous wrapped bales of what was later confirmed to be marijuana. The agents did not disturb the bales and kept the warehouse under surveillance until they obtained a search warrant. In applying for the search warrant, the agents did not mention the unwarranted entry or the information they had obtained. Approximately eight hours later, the agents obtained the warrant, entered the warehouse, and seized the bales along with the notebooks indicating the destinations of the marijuana.
Before the trial, Murray and Carter moved to suppress the evidence discovered in the warehouse and argued that the warrant was invalid because it was based on information obtained in the previous unwarranted entry. The district court denied the motion and the U.S. Court of Appeals for the First Circuit affirmed.
Question
Does the Fourth Amendment require the suppression of evidence viewed in plain sight prior to an illegal entry that was later discovered in the course of a properly warranted search?
Conclusion
No. Justice Antonin Scalia delivered the opinion of the 4-3 plurality. The Court held that evidence that would be excluded under the Fourth Amendment is admissible if it comes from an independent source. If the police obtained information unlawfully but the evidence in question comes from an untainted source, it is still admissible. Because the officers, in this case, obtained a lawful warrant without relying on the information they obtained illegally, the evidence seized in the warranted entry can be considered to have come from an independent source and therefore not subject to exclusion.
Justice Thurgood Marshall wrote a dissenting opinion where he argued that the independent source exception is limited to cases in which the evidence in question stemmed from a wholly independent source. He argued that courts must keep in mind the incentives that police officers have to hide the use of illegal methods in obtaining evidence, and they must use a high standard of proof when determining whether evidence came from a truly independent source. Justice John Paul Stevens and Justice Sandra Day O’Connor joined in the dissent. In his separate dissent, Justice John Paul Stevens wrote that court decisions that incentivize police officers to obtain evidence through illegal means move further away from the true meaning of and protections offered by the Fourth Amendment.
Justice William J. Brennan, Jr. and Justice Anthony M. Kennedy did not participate in the decision or discussion of this case.