Unlawfully Obtained Evidence and Exclusion
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A phone was searched without the right warrant. A call was recorded in secret. Police in another country broke into a messaging service. The data may be true and important. Should a court still hear it?
Legal systems give different answers. This unit sets out four of them, and three real cases.
Focus: "How was it obtained?" is a separate question from "Is it reliable?". Know which approach your court uses before you argue either side.
Learning objectives
- Describe four approaches to evidence that was obtained unlawfully or improperly.
- Explain why material taken from a message service may be barred in one country and admitted in another.
- Read a ruling on hacked or intercepted material and find the point it really decided.
- Prepare the questions that each side should ask about how an item was obtained.
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