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The NYPD was served with an evidence preservation letter by federal agents ordering them not to destroy any electronic files — as investigators target information linked to alleged influence ...
In the courtroom, if the defendant questions the chain of custody of the evidence it can be proven that the knife in the evidence room is the same knife found at the crime scene. However, if there are discrepancies and it cannot be proven who had the knife at a particular point in time, then the chain of custody is broken and the defendant can ...
In U.S. criminal law, a proffer agreement, proffer letter, proffer, or "Queen for a Day" letter is a written agreement between a prosecutor and a defendant or prospective witness that allows the defendant or witness to give the prosecutor information about an alleged crime, while limiting the prosecutor's ability to use that information against him or her.
The Stored Communications Act (SCA, codified at 18 U.S.C. Chapter 121 §§ 2701–2713) [1] is a law that addresses voluntary and compelled disclosure of "stored wire and electronic communications and transactional records" held by third-party Internet service providers (ISPs).
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The preservation of metadata from electronic documents creates special challenges to prevent spoliation. In the United States, at the federal level, electronic discovery is governed by common law , case law and specific statutes, but primarily by the Federal Rules of Civil Procedure (FRCP), including amendments effective December 1, 2006, and ...
Greene, "Thus the term 'Brady violation' is sometimes used to refer to any breach of the broad obligation to disclose exculpatory evidence – that is, to any suppression of so-called 'Brady material' – although strictly speaking, there is never a real 'Brady violation' unless the nondisclosure was so serious that there is a reasonable ...
Evidence management is the administration and control of evidence related to an event so that it can be used to prove the circumstances of the event, and so that this proof can be tested by independent parties with confidence that the evidence provided is the evidence collected related to the event.