"Tainted Evidence"?

[gottaask]

What is the name of your state? CA

Can a victim of identity theft run a defendant's credit report (without police consent) and include it in the courts 'discovery'?

Thank you.

 

[dequeendistress]

No.

 

[gottaask]

what happens if they do (include) it anyway?


thank you

 

[gottaask]

also . . .

what denotes what is included, allowed, and not allowed, in the discovery? we've found things that just make absolutely no sense as to why they would be included.

thank you again for your time and consideration.

 

[dequeendistress]

Allow me to clarify my "NO" response...by asking YOU to clarify your question...

Who ran the credit report? Was it a police investigator or the victim?

 

[gottaask]

The "victim" ran it.

She used her professional license (Real Estate Broker) to access the credit report. She stated the 'defendant' wanted to buy a house from her. So, now, besides herself, she has gotten the credit agency that actually ran it, AND the other property firm that allowed her (by contract) to use their software to access the credit company in a LOT of hot water.

It seems.

 

[gottaask]

Back to my question. . .

(Normally, if there IS a 'normally') how does the court handle illegally gained 'discovery'?

It didn't help her case one bit. Actually, just the opposite. We still haven't figured out 'why' they put all sorts of irrelevant documents in the discovery. Stuff that has no bearing on the case, whatsoever. Kind of weird. But than again, so is she.


Again, thanks for your time and help.

 

[dequeendistress]

inadmissable evidence=illegally obtained "evidence"

If it was truly illegally obtained

The judge will sort out the evidence and testimony in court. The defendant has an attorney, correct?

These questions should be easily answered by the defendants attorney. The reason I state this is that the defendants attorney will have acess to all information/evidence, (the facts) of the case, versus what you have posted here.

 

[gottaask]

Yes, it was 'truly illegally obtained' . . .

Insomuch the DRE (Department of Real Estate) has taken quite an interest. From what I'm finding out, she can, and most likely will, have her license revoked for pulling such a stupid stunt. It's a feloney offence. Being a RE Broker with a mid sized firm she should have known not to abuse her professional courtesies. Considering what she has to, and in all likelyhood, WILL, lose, I 'almost' feel sorry for her. Almost. She knew what she was doing. She also knows she's blaming the wrong person.

In answer to your question, yes, the defendant has an attorney. A very good attorney.
A very busy attorney.
A very expensive attorney which (hopefully) the civil case(s) that will follow will reimburse any expenses the defendant has had to shoulder. And then some.

 

[dequeendistress]

I see

I thought the defendants attorney was the public defender.

 

[gottaask]

I think

you're a little confused . . .

 

[dequeendistress]

Yes I usually am confused and confusing, ask anyone.

Which many times leads to the gathering of more information, essential in the role of instigation.

Seriously though, Did you not post a question in regards to public defenders and caseloads and in addition did you not inquire as to if public defenders go to court?

I think you did and now you have edited it out.

As a matter of fact you did, because I was going to respond to it and decided not to.

 

[gottaask]

As a matter of 'fact'?

better check your 'facts'. . . .

 

[dequeendistress]

O kay
Since you are sure you did not the edit public defender from another post, I have no facts to review.

Regardless, get your money's worth from the high priced attorney. Have him/her get the case thrown out of court. While he/she additionally files counter claims for the defendant.

 

[gottaask]

Why is this board here?

inadmissable evidence=illegally obtained "evidence"

If it was truly illegally obtained

The judge will sort out the evidence and testimony in court. The defendant has an attorney, correct?

These questions should be easily answered by the defendants attorney. The reason I state this is that the defendants attorney will have acess to all information/evidence, (the facts) of the case, versus what you have posted here.

WOW! Now I'm really confused! I "thought" this board was a place to go to get pseudo-legal (?) info. (?)

Are you stating that everyone should inundate their attorneys with all their endless questions of legalities, statutes, etc.? You know, the mindless stuff that even (I hoped) someone from this board could handle. (IAAL, HG, Jetx . . excluded . . . of course! ;-)

Afterall, if an attorney is worth half his/her salt, I'm sure they would be more than happy to take your $150.00 for that 15 minute phone call that really didn't answer your question in the first place.
Just like this thread.
My question STILL goes unanswered.
It's not a hard question.
Very general.
I'll try again.

Okay, one more time . . .

Typically, "how does the court, ANY COURT, handle illegally gained 'discovery'?"

Isn't there a "rule of thumb" to go by? Maybe something was mentioned in law school? Or was that the day everyone skipped? The facts surrounding this particular case are totally irrelevent. The way illegal discovery is dealt with in a court of law is consistant in most cases, isn't it? If it's dealt with on a 'case by case' basis, I would understand your continued prying and uninvited inquisition. Otherwise, the facts of this case, or any other case, in regards to the question, are matters that are not of your concern, or relevant to the issue.

Maybe it would help if I rephrased the question:

Is there a 'standard protocol' applicable to illegally obtained discovery?

Simple question, simple answer.

Please.