source doctrine in Virginia

2022The inevitable-discovery doctrine “is in reality an extrapolation from the independent source doctrine.” Murray, 487 U.S. at 539 ; Nix, 467 U.S. at 443 (stating that the two doctrines are “closely related”); Wilkins v. Commonwealth, 37 Va. App. 465, 475 (2002) (describing the inevitable-discovery doctrine as “an off-shoot of the independent source doctrine”).

2020“The inevitable discovery rule is ‘an off-shoot of the independent source doctrine.’” Copeland v. Commonwealth, 42 Va. App. 424, 437 (2004) (quoting Wilkins v. Commonwealth, 37 Va. App. 465, 475 (2002)).

2023The “independent source doctrine allows the admission of evidence that has been discovered by means wholly independent of any constitutional violation.” Carlson v. Commonwealth, 69 Va. App. 749, 760 (2019) (emphasis added) (quoting Nix v. Williams, 467 U.S. 431, 443 (1984)); see id. at 760-61 (discussing Murray v. United States, 487 U.S. 533 (1988), and Segura v. United States, 468 U.S. 796 (1984), two cases applying the independent source doctrine when police obtained warrants based on information in their possession before the constitutional violation and executed those warrants after the co

2022See, e.g., Nix, 467 U.S. at 449-50 (search team was approaching the location of the victim’s body); Jones, 267 Va. at 537 (police procedure would have required officer to run criminal background check, which would have led to defendant’s arrest and subsequent search); see also Murray, 487 U.S. at 540 n.2 (analyzing an officer’s subjective intentions to determine the applicability of the independent source doctrine).

2023The “independent source doctrine allows the admission of evidence that has been discovered by means wholly independent of any constitutional violation.” Carlson v. Commonwealth, 69 Va. App. 749, 760 (2019) (emphasis added) (quoting Nix v. Williams, 467 U.S. 431, 443 (1984)); see id. at 760-61 (discussing Murray v. United States, 487 U.S. 533 (1988), and Segura v. United States, 468 U.S. 796 (1984), two cases applying the independent source doctrine when police obtained warrants based on information in their possession before the constitutional violation and executed those warrants after the co

2022See, e.g., Nix, 467 U.S. at 449-50 (search team was approaching the location of the victim’s body); Jones, 267 Va. at 537 (police procedure would have required officer to run criminal background check, which would have led to defendant’s arrest and subsequent search); see also Murray, 487 U.S. at 540 n.2 (analyzing an officer’s subjective intentions to determine the applicability of the independent source doctrine).

2024“The independent source doctrine works to put the Commonwealth in the same position it would have been in if there was no police error or misconduct.” Carlson v. Commonwealth, 69 Va. App. 749, 760 (2019).

2024“The inevitable discovery doctrine is an ‘off-shoot of the independent source doctrine,’ and is . . . intended to put police in the same position they would have been without the error or misconduct.” Carlson v. Commonwealth, 69 Va. App. 749, 763 (2019) (quoting Wilkins v. 8 After the circuit court delivered its ruling, the Commonwealth seemed to acknowledge this deficiency, remarking, “so the defendant’s motion [to suppress] . . . doesn’t actually talk about him trying to get the suppression of the wallet . . . which is why we didn’t put on the evidence—more evidence as to the search of the w

2022See, e.g., Nix, 467 U.S. at 449-50 (search team was approaching the location of the victim’s body); Jones, 267 Va. at 537 (police procedure would have required officer to run criminal background check, which would have led to defendant’s arrest and subsequent search); see also Murray, 487 U.S. at 540 n.2 (analyzing an officer’s subjective intentions to determine the applicability of the independent source doctrine).

2020Thus, to establish the exception, the Commonwealth must show “‘(1) a reasonable probability that the evidence in question would have been discovered by lawful means but for the police misconduct’ and - 11 - ‘(2) that the leads making the discovery inevitable were possessed by the police at the time of the misconduct.’” Carlson, 69 Va. App. at 763 (quoting Jones, 267 Va. at 536 ).

2023The “independent source doctrine allows the admission of evidence that has been discovered by means wholly independent of any constitutional violation.” Carlson v. Commonwealth, 69 Va. App. 749, 760 (2019) (emphasis added) (quoting Nix v. Williams, 467 U.S. 431, 443 (1984)); see id. at 760-61 (discussing Murray v. United States, 487 U.S. 533 (1988), and Segura v. United States, 468 U.S. 796 (1984), two cases applying the independent source doctrine when police obtained warrants based on information in their possession before the constitutional violation and executed those warrants after the co

2011Segura v. United States, 468 U.S. 796, 805 (1984) (quoting Nardone v. United States, 308 U.S. 338, 341 (1939)).

2020“The inevitable discovery rule is ‘an off-shoot of the independent source doctrine.’” Copeland v. Commonwealth, 42 Va. App. 424, 437 (2004) (quoting Wilkins v. Commonwealth, 37 Va. App. 465, 475 (2002)).

2011The inevitable discovery rule is “an off-shoot of the independent source doctrine.” Copeland v. Commonwealth, 42 Va. App. 424, 436-37 , 592 S.E.2d 391, 397 (2004) (quoting Wong Sun v. United States, 371 U.S. 471, 488 (1963); Wilkins v. Commonwealth, 37 Va. App. 465, 475 , 559 S.E.2d 395, 399 (2002)).

2022We must “give due weight to inferences drawn from those facts by resident judges and local law enforcement officers.” Clarke v. Commonwealth, 32 Va. App. 286, 298 (2000) (quoting Ramos v. Commonwealth, 30 Va. App. 365, 368 (1999)).

2022We must “give due weight to inferences drawn from those facts by resident judges and local law enforcement officers.” Clarke v. Commonwealth, 32 Va. App. 286, 298 (2000) (quoting Ramos v. Commonwealth, 30 Va. App. 365, 368 (1999)).

2022This information, however, did not go to probable cause under the warrant. 8 This conclusion renders moot the Commonwealth’s reliance on the independent source rule. - 16 - Carlson, 69 Va. App. at 766 (quoting Bolden v. Commonwealth, 275 Va. 144, 148 (2008)).

2020Exchange v. Enterprise Leasing Co., 281 Va. 612, 619 (2011); Walker v. Vanderpool, 225 Va. 266, 271 (1983). 2 Under Code § 38.2-207, “when any insurer pays an insured under a contract of insurance which provides that the insurer becomes subrogated to the rights of the insured against any other party[,] the insurer may enforce the legal liability of the other party.” 5 With this in mind, and because the question before this Court is whether Alba benefitted from a subrogation waiver, we must necessarily look to the source of the waiver itself.

2020Exchange v. Enterprise Leasing Co., 281 Va. 612, 619 (2011); Walker v. Vanderpool, 225 Va. 266, 271 (1983). 2 Under Code § 38.2-207, “when any insurer pays an insured under a contract of insurance which provides that the insurer becomes subrogated to the rights of the insured against any other party[,] the insurer may enforce the legal liability of the other party.” 5 With this in mind, and because the question before this Court is whether Alba benefitted from a subrogation waiver, we must necessarily look to the source of the waiver itself.

2011Segura v. United States, 468 U.S. 796, 805 (1984) (quoting Nardone v. United States, 308 U.S. 338, 341 (1939)).

2011The inevitable discovery rule is “an off-shoot of the independent source doctrine.” Copeland v. Commonwealth, 42 Va. App. 424, 436-37 , 592 S.E.2d 391, 397 (2004) (quoting Wong Sun v. United States, 371 U.S. 471, 488 (1963); Wilkins v. Commonwealth, 37 Va. App. 465, 475 , 559 S.E.2d 395, 399 (2002)).

2011In Virginia, [t]o come within the exception, the Commonwealth must show: “(1) a reasonable probability that the evidence in question would have been discovered by lawful means but for the police misconduct, (2) that the leads making the discovery inevitable were possessed by the police at the time of the misconduct, and (3) that the police also prior to the misconduct were actively pursuing the alternative line of investigation.” Id. at 437, 592 S.E.2d at 397 (quoting Walls v. Commonwealth, 2 Va. App. 639, 656 , 347 S.E.2d 175, 185 (1986)).

2011In Virginia, [t]o come within the exception, the Commonwealth must show: “(1) a reasonable probability that the evidence in question would have been discovered by lawful means but for the police misconduct, (2) that the leads making the discovery inevitable were possessed by the police at the time of the misconduct, and (3) that the police also prior to the misconduct were actively pursuing the alternative line of investigation.” Id. at 437, 592 S.E.2d at 397 (quoting Walls v. Commonwealth, 2 Va. App. 639, 656 , 347 S.E.2d 175, 185 (1986)).

2002See Murray v. United States, 487 U.S. 533, 536-39 , 108 S.Ct. 2529 , 101 L.Ed.2d 472 (1988); Nix v. Williams, 467 U.S. 431, 446-48 , 104 S.Ct. 2501 , 81 L.Ed.2d 377 (1984); Timbers v. Commonwealth, 28 Va.App. 187, 199-201 , 503 S.E.2d 233, 238-39 (1998).

2002See Murray v. United States, 487 U.S. 533, 536-39 , 108 S.Ct. 2529 , 101 L.Ed.2d 472 (1988); Nix v. Williams, 467 U.S. 431, 446-48 , 104 S.Ct. 2501 , 81 L.Ed.2d 377 (1984); Timbers v. Commonwealth, 28 Va.App. 187, 199-201 , 503 S.E.2d 233, 238-39 (1998).

2000Cf. Warlick v. Commonwealth, 215 Va. 263, 267 , 208 S.E.2d 746, 749 (1974) (defendant voluntarily decided, independent of the allegedly unlawful police procedures, to “lead the police to the cache of drugs”), with Nix, 467 U.S. at 444 (rationale of the independent source exception is “wholly consistent” with inevitable discovery doctrine).

2000Cf. Warlick v. Commonwealth, 215 Va. 263, 267 , 208 S.E.2d 746, 749 (1974) (defendant voluntarily decided, independent of the allegedly unlawful police procedures, to “lead the police to the cache of drugs”), with Nix, 467 U.S. at 444 (rationale of the independent source exception is “wholly consistent” with inevitable discovery doctrine).