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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1answer
193 views

Are you required to act to preserve evidence that will otherwise be destroyed?

Deliberate destruction of evidence is a crime in most jurisdictions. However, consider the following scenarios: Log files that could be used as evidence are periodically deleted unless you act. On ...
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1answer
470 views

Does a wife have to ask her husband to record their conversation without consent?

Just wondering, in California specifically, can a recording of a conversation by the wife of a husband and wife's conversation within their own home be submitted as evidence if the husband had no ...
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1answer
230 views

One Identical Twin Proven Guilty

An unlikely scenario but one I've always wondered about: Let's say that a murder was committed. There is a pair of identical twins. Both twins had means, motive, and opportunity for the murder. It ...
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2answers
803 views

Is is lawful to install a hidden camera on my car?

I have a terrible neighbor, whom, among the litany of other offenses, I suspect of putting nails in my car tires. I approached my apartment management about installing a hidden camera, and they ...
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1answer
278 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" ...
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2answers
436 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 ...
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2answers
6k views

How to authenticate text message, screenshot (and other electronic content) as evidence in court

I've just spoken with a lawyer who said we can make a transcript of a text message and put their "seal of approval" to verify that I received it and it wasn't tampered with. However they are unable ...
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1answer
60 views

Personal, Subpoena'd Information that's Exculpatory is 'Missing'

If information is acquired by a prosecutor that is potentially exculpatory but misplaced, what should a defense attorney do, and what (beyond admonishment) would a judge ordinarily do?
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1answer
109 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 ...
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0answers
84 views

Recording a video of a crime without criminal's knowledge and consent; is it considered evidence in Greece?

According to Article 370A of the Greek penal code: Παραβίαση του απορρήτου της τηλεφωνικής επικοινωνίας και της προφορικής συνομιλίας Όποιος αθέμιτα παρακολουθεί με ειδικά τεχνικά μέσα ή ...
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7answers
1k views

Is this hearsay?

In this situation, the attorney is attempting to find out on direct exam. whether the witness had a conversation with the defendant, who is being sued for securities fraud, about business matters: ...
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1answer
1k views

When and how must one “lay a foundation” to introduce evidence?

Two lawyers in an administrative hearing suggested that I would have to "lay a foundation" in order to introduce an email as evidence. Is this a general rule of evidence? If so, could someone ...
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1answer
321 views

When is an email message admissible evidence?

I am a parent who is pursuing a special education impartial hearing without a lawyer. I have learned (in the hearing) that I can question district employee A about an email message I sent to that ...
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1answer
130 views

Citation of newspaper articles for inclusion in a legal exhibit

I am preparing my exhibits for a special education impartial hearing. The requirements are less stringent than for a court case. If I can satisfy the requirements for a court case, I will be fine. ...
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2answers
538 views

Can someone be convicted with an unwarranted surveillance video?

If I were to place recording equipment within someone's home without their consent or a warrant, completely on my own accord and unsanctioned, would I be committing a crime? If I were to record ...
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1answer
88 views

Exhibiting non-documentary items in UK civil cases

I can find the rules for notification, filing, and exhibiting, of documentary exhibits such as invoices, letters and witness statements. But I can't find what is required for non-documentary exhibits....
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0answers
816 views

“Enforcement” of 4th amendment absent exclusionary rule

Background: I am a lay person with some passing interest in the law. The Supreme Court recently decided Utah v. Strieff, 579 U.S. ___, in which it held that the attenuation exception to the ...
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3answers
1k views

If a judge makes a factual error, can that be appealed?

If a judge makes a factual error, and that error was an important part of his judgement, can the judgement be appealed? Normally, an appellate court will only consider matters of law and assume the ...
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1answer
147 views

Do unofficial testimonies and civil recordings hold value in the US courtroom?

As far as I know admitting to something while not under oath has no value, as it should. But if there is a case against you with some other solid evidence can an unofficial/not under oath confession ...
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3answers
107 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 ...
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1answer
195 views

UK: Is it legal to present in court a document/evidence which you are not allowed to keep?

Imagine an employee whose contract requires to return all copies of employer's information back to employer once employment is over. But that employee is going to take the former employer into ...
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0answers
41 views

It is worth it from a legal standpoint to electronically scan documents in color?

I make scans of documents in case I lose the original paper versions of the documents, and also normally put the resulting scans under version control. A lawyer told me this is considered "secondary ...
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1answer
430 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 ...
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4answers
900 views

In court is it assumed that it is legal to show classified or illegal documents as evidence?

Say a company is being sued for distributing confidential information, like carelessly releasing the medical records of their employees. In court, could a plaintiff show examples of these medical ...
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2answers
101k 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 ...
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1answer
1k views

Can the police gather fingerprints and/or DNA for “exclusionary” purposes without a warrant or arrest?

Occasionally on police procedurals some well-meaning or otherwise bystander disturbs the absolute sanctity of a crime scene before Our Heroes™ can perform a CSI montage. They might be accosted ...
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4answers
3k views

If a court witness self-implicates are they automatically charged?

If a witness under oath in court gives evidence that reveals they have committed a previously unknown crime or offence, are they automatically charged or is there another process that may or may not ...
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3answers
197 views

Not wanting to be recorded on phone conversation

In Canada, if you phone someone, is there a way to make it illegal for them to record the call? For example if someone says they don't want to be recorded, can a company still legally record the call? ...
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1answer
200 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 ...
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1answer
168 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 ...
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2answers
444 views

How is authenticity of a given evidence determined?

I was reading this question on security SE. The title of the question is: "What are legal/ethical concerns to bear in mind, when hacking websites with open invitations?" This answer suggests to "log ...
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1answer
238 views

Police, Evidence and Conflict Of Interest

I've recently binge-watched the entire Netflix original series Making A Murderer and while I have a million questions, I suppose if I could narrow it down to one, it would be the following (some ...
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3answers
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 ...
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2answers
119 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 ...
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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 ...
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4answers
969 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 ...
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1answer
90 views

What is typically required for an offense to be considered “de minimis”?

In my jurisdiction, one of the criteria for de minimis is this: The court may dismiss a prosecution if, upon notice to or motion of the prosecutor and opportunity to be heard, having regard to ...
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1answer
881 views

Are there “rape shield” laws in the UK?

This question is prompted by the BBC program "Is This Rape?" which is currently on iPlayer. The program contains a story of a fictional sexual assault, which goes to court (starts in the program at ...
5
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1answer
345 views

Is it a criminal offense for a defendent to introduce inadmissable evidence in a criminal case?

Consider a criminal trial by jury. If the defendant attempts to introduce inadmissible evidence, is there any penalty preventing them from doing so? For example, under Rape Shield laws, an accuser's ...
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1answer
1k views

H&R Block gave me someone else's personal info by mistake. What do I do?

I needed to amend my 2013 tax return so I went to H&R Block, my first mistake. A few weeks later I went back to the H&R block office to pick up my amended return and other supporting documents....
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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) ...
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1answer
121 views

Offering money to potential witnesses in criminal proceedings

A friend of mine was involved in a confrontation with a police officer in the UK, in which the officer basically accused him of assault. While the officer was arresting him, a bystander shouted ...
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1answer
116 views

What if someone's testimonial account changes and contradicts itself?

I am curious to know what happens if someone gives testimony in Court 2 times, and there are contradictions or discrepancies between the two statements. As an example, how might the following two ...
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1answer
196 views

How does a police officer / the state prove a particular breathalyzer reading was taken?

If a police officer takes a breathalyzer reading of someone, what kind of record proves to a court what the reading was? General US information and/or info about California are both appreciated.
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0answers
436 views

Usage-Based Insurance Devices (Like Progressive's Snapshot) - Evidence of Liability and Public Policy

In the United States, the biggest auto insurance carriers such as Progressive, Allstate and State Farm, have all begun offering optional potential policy discounts if the covered driver agrees to ...
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1answer
155 views

Speed Zone Studies and 85th Percentile Speed in Texas

If you have a speeding ticket in Texas, how exactly could a Speed Zone Study help to defend against the citation? If the ticket says, for example, 80 mph in a 70 on an interstate (which is the lowest ...
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3answers
9k 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 ...
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2answers
3k 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 ...
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2answers
3k views

What if police find a dead body during an illegal search?

Suppose police conduct an illegal search of a residence (no warrant, no consent, no probable cause) and find a dead body. There is plenty of evidence in plain sight that it was a murder and also ...
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2answers
178 views

How do you collect evidence to sue for robocalling?

What's the best way to collect evidence to be prepared to sue for robocalling like in King v Time Warner Cable, U.S. District Court, Southern District of New York, No. 14-02018 (conclusion in html / ...