Wehrenberg v. State - 416 S.W.3d 458 (Tex. Crim. App. 2013)

Rule:

The independent source doctrine poses no conflict with Tex. Code Crim. Proc. Ann. art. 38.23, the statutory exclusionary rule in Texas that requires suppression of evidence "obtained" in violation of the law.

Facts:

Michael Fred Wehrenberg was convicted by the trial court with two felony drug convictions. The court of appeals reversed on the grounds that the independent source doctrine is inconsistent with Texas's exclusionary rule and thus inapplicable in Texas. The State petitioned for discretionary review.

Issue:

Is the federal independent source doctrine, which excepts from the exclusionary rule evidence initially observed during an unlawful search but later obtained lawfully through independent means, applicable in Texas? 

Answer:

Yes

Conclusion:

The court held that because the independent source doctrine did not circumvent or avoid the requirement in the exclusionary rule, Tex. Code Crim. Proc. Ann. art. 38.23, that evidence obtained in violation of the law be suppressed, the court of appeals erred by rejecting that doctrine as a basis for upholding the suppression ruling; the plain language of art. 38.23 was wholly consistent with, and did not preclude application of, the independent source doctrine. The adoption of the independent source doctrine, which applied only to lawfully obtained evidence, was logically consistent with the rejection of the inevitable discovery doctrine.