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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3
votes
1answer
117 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 ...
5
votes
1answer
203 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.
5
votes
0answers
441 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 ...
1
vote
1answer
161 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 ...
5
votes
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 ...
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 ...
10
votes
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 ...
6
votes
2answers
180 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 / ...
2
votes
1answer
348 views

Remotely (off-premises) recording my girlfriend's office via a WebRTC webcam chat service

My girlfriend A suspects her office is being searched for confidential information on a regular basis by a former colleague X who moved to a different department. I am not going to act on this, so ...
3
votes
1answer
163 views

Flashbangs versus destruction of evidence

If setting fire to a crime scene would be considered destruction of evidence and spray painting a crime scene would be considered destruction of evidence why is the use of flashbangs not considered ...
12
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3answers
4k views

Does killing witnesses before trial suppress them?

If a witness is killed, or dies, before formally testifying at a criminal trial in what manner, if any, can his relevant statements be admitted or used against a defendant? For example, if sworn ...

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