Evidence collection by an outside entity admissible?

[jadedgir1]

The Silver Platter Doctrine is confusing me...

If evidence relating to a criminal case is found by an outside entity (e.g. a computer forensics investigator,) would the evidence already collected by the first party be admissible in a case, or would the legal authority need to obtain a warrant and conduct their own search?

 

[justalayman]

The Silver Platter Doctrine is confusing me...

If evidence relating to a criminal case is found by an outside entity (e.g. a computer forensics investigator,) would the evidence already collected by the first party be admissible in a case, or would the legal authority need to obtain a warrant and conduct their own search?

here is a link that give a basic explanation. Your question does not include enough information to make any sort of determination. You don't define who is the first party. You do not state where the government investigators are in this situation. You do not even suggest why the evidence obtained by the computer forensics investigator might be inadmissible.

The basis of the doctrine is the government cannot knowingly allow a search which would be illegal for them yet use the evidence discovered. It requires knowledge by the government agency of the search and , should they have the opportunity, to prevent it.

Silver Platter Doctrine

 

[cyjeff]

I REALLY hate homework.

Is school back in session?

 

[justalayman]

I REALLY hate homework.

Is school back in session?

summer session

 

[CdwJava]

Too many variables to answer this anyway. It would have to be evaluated on all its merits and with regards to a particular state's laws to say whether the evidence would be admissible or not.

Yes, we have been able to readily use evidence obtained by third parties - even if obtained illegally. What we cannot do is cause someone to act as our agent and seize evidence at our direction.