Questions tagged [admissibility]

The concept in the law of evidence that determines whether or not evidence can be received by the court. The evidence must first be relevant, but even relevant evidence will be tested for its admissibility.

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Is evidence gathered under the aegis of a fake/incomplete/otherwise falsified warrant admissible in court? [duplicate]

If a police officer bangs on my front door, as his partners is loudly declaring he possesses "a warrant to search the premises!" when, in actuality, he's waving about his cruiser's ...
25 votes
2 answers

Can a private person deceive a defendant to obtain evidence?

In the 2019 movie "Badla" (spoilers ahead), Naina was accused of committing a murder in the UK, and her trial is in London. She denies the accusation. Her clever lawyer Badal arrives and ...
11 votes
1 answer

Does the exclusionary rule attach to the illegality of the search or to the person whose rights were violated?

Police blatantly illegally searches Bob's house and finds very strong evidence that Bob and Rob independently committed a horrific crime each. A variation: the crime is the same and Bob and Rob ...
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8 votes
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Self-incriminating statements carry weight of proof

If someone is recorded confessing to a crime, can the recording serve as evidence solely because it contains the self-incriminating statement? Putting as an example: Carlos had his wallet stolen. In a ...
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3 votes
1 answer

Admitting to a misdemeanor crime on an "official" police application

When someone wants to apply to become a police officer, one question on the form is whether or not they have committed a crime or were present when a crime was committed. If they say yes and detail ...
26 votes
10 answers

Why can courts refuse evidence?

The question Layman here. This question was inspired by this question and random things I've heard/read over the years. I'm quite confused by a concept that comes up again and again and which people ...
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2 votes
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secretly recording a murder confession

Let's say you had an opportunity to secretly record an acquaintance confessing to a murder decades prior. Can/would it be used by police/courts? Are there certain things about the recording that would ...
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2 votes
1 answer

First criminal court trial with DNA evidence Idaho

I'm wondering what was the first Idaho criminal court trial that admitted DNA evidence and led to defendant's conviction? The only thing I found is the following but the defendant pleaded guilty in ...
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4 votes
4 answers

Why did US law go with inadmissibility, and not reactionary punitive action, to prevent illegal evidence collection?

As I've understood it, the exclusionary rule is a prophylactic rule aimed to prevent the cultivation of illegal evidence collection by removing the utility of illegally-collected evidence through ...
2 votes
1 answer

Admissibility of covert recordings in English criminal proceedings

Jurisdiction: England and Wales In this case, a man (M) raped the complainant (C). M and C have each other's contacts. The day after the event, C calls M and wiretaps him (i.e. without M's consent or ...
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4 votes
1 answer

US exclusionary rule - are there limits?

Inspired by this question related to admissibility of evidence obtained from an unlawful search and seizure: At an unlawful traffic stop, police searches the car and find the weapon used in a recent ...
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19 votes
3 answers

At an unlawful traffic stop, police searches the car and find the weapon used in a recent murder

Say that a murder was committed. Some time after, without any justifiable reason (perhaps on a hunch, or just by coincidence), a police officer stops a car, unlawfully searches it and stumbles upon ...
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How to do court admissible DNA testing when both parties live far apart?

Suppose two people are located in the United States and they wish to prove they are related through DNA testing. They want the test results to be admissible in court so they must use certified labs ...
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Canadian immigration: Admissibility process mystery

This is a question I've asked at various Q&A sites and forums to no avail. Of course I also asked my own consultant, and several other lawyers and advisors, but none had the answer. I don't have ...
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1 answer

Admissibility of Police Notes in Maryland

In the state of Maryland, an insurance company is denying the notes of a police officer regarding who is at fault for a car crash. His notes are being denied by the company on the grounds that he did ...
2 votes
1 answer

Can improperly gathered evidence be used to exonerate someone?

There are many rules governing whether or not a particular piece of evidence can be introduced at trial. Often, these rules are applied to prevent the prosecution from introducing evidence. Do the ...
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