Quote Quoting mewgirl
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My automobile was searched illegally and a warrant for an arrest by POLICE DEPARTMENT #2 was issued based on the results of the search. The only thing I need to know is whether this is legal or not. I do not need any information about "extenuating circumstances," and etc., because I am capable of researching those things on my own or of asking more questions when and if they come up. I am aware that all evidence obtained in an illegal search is illegal, however, I need to know if a warrant being issued based on proof which now exists but could not have existed if the illegal search had not been performed is valid.


Murray may offer some guidance, also citing Wong Sun, a seminal 4th AM case. This is exclusionary rule law.

Held: The Fourth Amendment does not require the suppression of evidence initially discovered during police officers' illegal entry of private premises if that evidence is also discovered during a later search pursuant to a valid warrant that is wholly independent of the initial illegal entry. Pp. 487 U. S. 536-544.




http://supreme.justia.com/us/487/533/case.html

Your state constitution may or may not afford more protection.

Here is a recent ER case. although the warrant obtained was NOT based on an illegal entry/search, etc., just for some reading edification.


http://www.law.cornell.edu/supct/html/04-1360.ZO.html

Quote Quoting jk
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the police do not issue warrants. Courts do.

Just as a side note and it has no bearing here, in some rare cases, as in my state, a Warrant officer, a police officer of a high rank probably, can issue an arrest warrant for Municipal violations only.

I believe I am correct in that!

Only a Judge can issue a search warrant though, true.