This essay has been submitted by a student. This is not an example of the work written by professional essay writers.
Uncategorized

ELECTRONIC DISCOVERY EVIDENCE

Pssst… we can write an original essay just for you.

Any subject. Any type of essay. We’ll even meet a 3-hour deadline.

GET YOUR PRICE

writers online

ELECTRONIC DISCOVERY EVIDENCE

 

Electronic discovery of evidence applies differently in criminal and civil cases. This can be defined as the process of identifying, gathering and presenting electronically stored information to be used as evidence in a court of law ( CDS, 2020).  Emails fall under this category, whereby the admissibility of the specific emails depends on the particular case in question. In civil cases, the electronic discovery of specific emails and the production of the same in a court of law is determined by the provisions of rule 34 of the federal rules of civil procedure.

For civil cases, the discovery of electronic evidence does not necessarily require the investigators to procure a warranty before the production of such evidence to court (Murphy, Esworthy & Byers, 2012).This simply means that the means which the advocate or prosecutor procures the emails used as evidence, does not count as long asthe needed information is valid and can be proven to be so. This however is different when it comes to criminal cases where warrants must be issued to give the investigating team the legal right to search through the emails of a suspect. For a warrant to be issued, the police must illustrate that tentative evidence lies in the emails of the suspect. There are exceptions to this general rule of warrants, where a court may admit warrantless searches.

In the case of United States versus Ross(1982), the court pointed out the exceptions to the fourth amendment rule on individual privacy. In this case, the supreme court held that the police may conduct a warrantless search on automobiles that ferry closed containers. The court continued to say that such checks on road blocks are random and cannot require policemen to have warrants for every single car before they conduct the search. This would not only be unreasonable but also delay justice. Any evidence, therefore, that gets procured while conducting such a search would be admissible in the court of law as an exception to the rule on warranted searches.

REFERENCES

Complete Discovery Source, 2020. What is E-Discovery. Accessed 29th June 2020, at https://cdslegal.com/knowledge/the-basics-what-is-e-discovery/

Justin P. Murphy, Matthew A.S. Esworthy and Stephen M. Byers, 2010. The State of criminal      Justice. Accessed, 29th June 2020, at https://www.crowell.com/files/E-Discovery-in-Criminal-Cases.pdf

United States Versus Ross, 102 S. Ct. 2157 (1982). Retrieved 29th June 2020, at    https://heinonline.org/HOL/LandingPage?handle=hein.journals/jclc74&div=11&id=&page=

 

 

  Remember! This is just a sample.

Save time and get your custom paper from our expert writers

 Get started in just 3 minutes
 Sit back relax and leave the writing to us
 Sources and citations are provided
 100% Plagiarism free
error: Content is protected !!
×
Hi, my name is Jenn 👋

In case you can’t find a sample example, our professional writers are ready to help you with writing your own paper. All you need to do is fill out a short form and submit an order

Check Out the Form
Need Help?
Dont be shy to ask