Confidentiality, Use Limits and Getting Evidence Home in Usable Form
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The other country agrees to help. Months later a file arrives. Three things can still go wrong. The suspect may have been told of the request. You may use the material for a purpose that the other country did not allow. Or your court may refuse it, because nobody can say where the records came from.
Focus: all three are settled when you write the request, not when the reply arrives.
Learning objectives
- Ask for confidentiality, with reasons and a time limit.
- Explain the use limit, and what to do before you use material for a new purpose.
- Ask, in the request, for the record that your court needs from the record holder.
- Keep a chain of custody that crosses a border.
- Check what arrives against what you asked for.
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