Questions tagged [evidence]

For questions concerning evidence - including the handling of evidence, rejection or admittance of evidence in a court of law, and serving evidence in civil matters.

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15
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2answers
111k views

UK: Is it legal to secretly audio record a meeting or a phone call? Is it possible to use such recording in court?

In the United Kingdom: Is it legal to secretly audio record a meeting (in an office) or a phone call while being a participant? Is it possible to use such recording as an evidence in court or ...
2
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2answers
17k views

Can a store accuse me of something and ban me without proof?

A chain store that I frequent has banned me from their store, citing that I was seen stealing merchandise. I've NEVER stolen anything from their store (or any other store of this chain) before, and ...
5
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3answers
10k views

Is following the flow of traffic a valid speeding defence in Texas?

As per the summary at http://www.mit.edu/~jfc/laws.html, Texas is one of the three states where there are no absolute speed limits -- a speed in excess of a posted limit is prima facie evidence that ...
4
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4answers
1k views

How to gather Compelling Evidence to prove that business is fraudulent?

My friend's small business agreed to a one-month risk-free trial service from one Credit Card Processor company. However, she did not like the service, because it did not live up to verbal promises ...
2
votes
1answer
151 views

Can a U.S. phone call recorded in a 1-party state be used as evidence in a case tried in a state that is 2-party?

Hypothetically, let's say someone is involved in a case that was originally filed in a NJ court. The case was then transferred to FLA (after a motion to do so was accepted). If they have recorded ...
8
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6answers
702 views

Can a lawyer subject the court to a (temporarily) ruse for a legitimate purpose?

This question is about the legality of a possible defence tactic that might be used in a criminal trial. It is a variation on things you see in lawyer movies fairly commonly. Suppose that a criminal ...
3
votes
1answer
180 views

Serving evidence to ex-landlord and being able to prove it

I am trying to save money as I don't have much to spare. I need to serve the landlord with any documents that I serve the court. Typically this is done through registered mail, but this is expensive ...
2
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2answers
132 views

In what states is it legal for an admin to read email on a server or Google Apps Account?

There is a scenario wherein some questionable activity has take place by a member of an organization. The administrator of the organization's Google Apps account was able to retrieve this user's ...
50
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4answers
18k views

A man killed my son and married one of the witnesses. Can the witness's statements still be used in court against him?

In Florida a career felon, who is a complete stranger to my son, killed my son. He is being prosecuted for this crime in a state court in Florida. There are two witnesses. One of them is the the ...
12
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1answer
2k views

Self incrimination vs. obstruction of justice / destruction of evidence

Suppose a police officer has probable cause to arrest me based on evidence in plain sight. He wants to initiate a search pursuant to arrest. Before the officer can detain me, I put the (alleged) ...
9
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5answers
3k views

Are there penalties for withholding self-exculpatory evidence during a trial?

Suppose a person is put on trial for a crime, but he has video evidence showing his innocence. Out of malice or spite of a personal nature towards his accuser, he allows the trial to proceed, and ...
5
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1answer
460 views

How can testimony not be hearsay

The first defining condition for hearsay under Federal Rules of Evidence 801(c)(1) is that it is a statement which the declarant does not make while testifying at the current trial or hearing. As I ...
2
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4answers
2k views

Does lack of evidence constitute evidence?

This question is about the debate in the comments to this question. Question Does lack of evidence constitute evidence? Transcript of Comments ...I am curious how a prosecutor would prove that a ...
7
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3answers
657 views

If police collected evidence based off of a call they suspected, but couldn't prove, was fraudulant would the evidence be upheld?

I'm asking this hypothetical situation mostly as I was considering writing a story with the premise and want the story to be legally accurate, but also because I'm frankly curious how the law would ...
7
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2answers
1k views

Are jurors instructed to not be influenced by the emotions of the witnesses?

The 61 year old witness for the prosecution of the Floyd case broke down and cried uncontrollably. Does the judge give instructions to the jurors that they cannot allow the emotions of the witnesses ...
5
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1answer
227 views

Must the State compensate individuals from whom property is seized as evidence?

Pursuant to the Fourth Amendment, law enforcement officers routinely obtain warrants under a "probable cause" standard to seize items that may contain evidence of a crime. This is a taking of private ...
2
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3answers
128 views

Does one-way written communication bear legal standing?

This question is based on this question over on Workplace SE. I am neither the OP of that question nor in any way related to the OP, I'm asking this question out of personal curiosity. In brief, the ...
2
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2answers
450 views

Can results from a criminal conviction be transplanted into a corresponding civil case?

There is some overlap between crimes and torts, for example deliberately smacking a person in the head is the crime of battery and the tort of battery. If a person deliberately smacks another in the ...
2
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1answer
638 views

Is evidence from a vigilante 'sting' operation accepted in UK courts?

This is a hypothetical question based on a trend seen on Facebook. Sometimes vigilantes will set up a 'sting' operation. For example, they may pose online masquerading as a child to catch pedophiles. ...
1
vote
1answer
66 views

What's the best way to include e-mails as evidence from a technical perspective?

It probably would be easiest to copy and paste quotes from emails into my evidence submission. But of course text could easily be changed in this format. I could take a screen shot of the email as I ...
1
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2answers
4k views

Is a speeding ticket invalid if the listed speed is not what it was?

I recall reading about speeding ticket defenses in some jurisdiction in the United States or Canada that the fact that the officer "reduced" the alleged speed that he obtained through his radar and ...
1
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4answers
555 views

How does “innocent until proven guilty” apply to non-payment?

Say I make a big win at a casino and walk out with a suitcase full of cash*. I decide I want to buy a car with it, so I head down to a car dealership, and buy a car - which I pay for by handing over ...
0
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2answers
148 views

Is there any law (US, UK, or Canadian) that limits the scope of a search, so that unrelated crimes can't be prosecuted?

Are search warrants limited to evidence for a specific crime? For example, assume a search warrant is issued based on probable cause of property theft. While executing this search warrant, the police ...
0
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1answer
251 views

Is it legal to film yourself putting something in a mail slot? [duplicate]

I need to serve someone papers, and I need to be able to prove that I served them. It is an acceptable method to drop them off at their homes mail box, but then if contested I wouldn't be able to ...
0
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1answer
294 views

What legal course is there with a bad neighbor?

I have a very bad neighbor. What legal recourse do I have? I feel like I'm stumbling in the dark. I find myself at a loss for an appropriate Stack Exchange site. Perhaps "workplace" or "parenting" ...
0
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3answers
119 views

Are generalized descriptions of suspects considered lawfully admissable?

My question mainly pertains to descriptions law enforcement receives from individuals reporting a crime. My example would be as follows: Officer John receives complaint of irate black male with ...
0
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3answers
166 views

Can a phone conversation be summoned from telecom operator as evidence in court of law

Our landlord/landlady have twice made statements that suggest they breached our privacy. We have not recorded our conversations since we understand it would be illegal to do so. However, we wish to ...