OUTLINE to be followed is attached. •Address the following in 1,250–1,500 words

During trial preparation, you are directed by the Assistant U.S. Attorney (AUSA) to bring the tapes of intercepted conversations involving a prime suspect in your case to her office. You provide the evidence custodian with the necessary paperwork and are waiting for the tapes to be produced. After 20 minutes, the custodian comes back and asks if you are sure you have provided the correct case and exhibit numbers. You verify the numbers and are told the original tapes cannot be found.

You immediately inform your supervisor, who is understandably concerned. You have the paperwork documenting the fact that the tapes were transferred to the custody of the evidence custodian. The other agents in the office are asked whether they have any knowledge of this matter. No one has any idea as to what happened to the original tapes.

You and your supervisor call the AUSA and explain to her what has happened. She is furious and tells you not to be surprised if the judge throws out the entire case. You remind her that she has duplicate copies in her possession and that you have your working copies as well. She says her copies were barely audible, and apparently there was some problem with the recording equipment. You decide to do some research on the best evidence rule. 

Assignment Guidelines

• Address the following in 1,250–1,500 words:What is the best evidence rule? Explain in detail.Why was the best evidence rule implemented into the U.S. court system? Explain.What is the rationale behind its application?Review the following cases with regard to wiretapping:Olmstead v. United StatesNardone v. United StatesGoldman v. United StatesBerger v. New YorkKatz v. United StatesSummarize the current status of wiretapping restrictions according to the reviewed cases above.How must evidence derived from wiretapping be packaged and preserved? Explain.How does wiretapping evidence relate to the “fruit of the poisonous tree” doctrine? Explain.What is the likely outcome of your case in court if the originals are not located? Explain.
• Be sure to reference all sources using APA style.

KEYASSIGNMENT OUTLINE

I. INTRODUCTION:

Scenario- In the course of preparing for trial, I am told to get the audio tapes of evidence, but the original tapes cannot be found, and no one knows where the original tapes went. AUSA states that the case could be thrown out of court now. I have a working copy of the audio tape, and AUDA’s copies are scarcely perceptible. It seems there was some difficulty with the equipment used to record. So, I opt to check on information regarding the best evidence rule (Johnson, R. (2013).

II. BODY:

1. The Best Evidence Rule (Johnson, R. (2013).

A. mandates the initial record, picture, or taping be utilized as proof at the legal proceedings, as an alternative of a photocopy

B. duplicate permitted just if the original is unobtainable

C. pertains as soon as a person desires to declare the contents as evidence, except the original is not obtainable

D. the individual has to afford a satisfactory reason for its absence

E. provided the court of law finds the reason stipulated as satisfactory,

a. it is permitted to be applied as additional substantiation

b. in order to verify the documents substances

c. exists as allowable proof

F. is relevant just when a person pursues to exhibit the contents to be disclosed as evidence (LII, 2010)

2. Executed Into the U.S. Court System Was the Best Evidence Rule

A. is a deceiving label for the courts’ first choice for genuine recordings, writings, and pictures instead of photocopies

B. The reason of this rule

a. circumvent the possibility of mistakes that can be in duplicates made by hand

b. existing statute covered in the Federal Rules of Evidence necessitates the usage of original recordings, writings, and pictures

c. including the majority of prints or photocopies taken from the same negative

d. inaccuracy risks from these forms of photocopies virtually does not exist

C. When the original evidence is ruined, unavailable, misplaced, or in the opponent’s control/ possession

a. the court of law will not necessitate an individual to come up with the original

b. the best evidence rule was initially needed before the digital age

c. duplicates of documents were made by hand.

d. errors were commonly made.

e. often the person to disclose the document into court was the same person who prepared the reproduction

f. deliberate “inaccuracies” were frequently made, when it would be to the person making the copy benefitted

g. legitimate answer was to necessitate the original be produced if a person sought to disclose it in court

(The Best-Evidence Rule, n. d.).

3. The Reasoning/Rationale Behind Its Application

A. also identified as the Original Document Rule

B. The underlying principle is logical

a. before, “a copy was typically made by a clerk, or a participant to the court case”.

b. a greater chance of error or fraud if original was not supplied (Dicarlo, 2008).

4. Court Cases In Regards To Wiretapping

A. Olmstead v. United States 277 U.S. 438 (1928):

a. it did not interfere with the Fourth Amendment

b. therefore was allowable in a court of law as proof

B. Nardone v. United States 308 U.S. 338 (1939)

a. evidence attained through wiretaps is a violation Communications Act of 1934 prohibited as proof

C. Goldman v. United States 316 U.S. 129 (1942)

a. disclosure of an individual’s communiqué via Dictaphone usage does not infringe upon the Communications Act

D. Berger v. New York 388 U.S. 41 (1967)

a. ruling by the state of New York permitting eavesdropping paraphernalia too all-encompassing

b. interferes with Fourth Amendment constitutional privileges

E. Katz v. United States 347, 88 S. Ct. 507, 19 L. Ed. 2d 576 (1967):

a. Fourth Amendment works to safeguard the individual/ not the place

b. data attained by wiretapping by way of a community telephone allowable

5. The Existing Status Of Wiretapping Boundaries (Lee, 2007).

A. are allowable as evidence if it does not interfere with an individual’s Fourth Amendment right

a. protection against unlawful searches

b. protection against seizure

B. must not go against the Communication’s Act of 1934

6. Synopsis Of The Existing Status Of Wiretapping Boundaries (corresponding to the studied cases listed above)

7. Wiretapped Evidence Rules For Packaging And Preserving

A. United States v. McKeever, 169 F. Supp. 426 (SDNY 1958)

a. has to acquire court of law authorization

b. otherwise an individual’s consent (only in a civil suit) prior to eavesdropping through wiretapping (Stevens and Doyle, 2008)

B. has to be operational and controlled by a trained individual

C. has to be genuine and accurate

D. can’t be modified

E. recorded people’s identity has to be able to be confirmed

F. recording has to be well-kept in a method presented to the court

G. must have been prepared without intimidation or enticement

8. Wiretapping and the “Fruit Of The Poisonous Tree” Doctrine

A. if gained via an unlawful fashion, it will be disqualified

B. although it affords proof of supplementary criminalities

C. in the best evidence rule, video and audio tapes can be disclosed as proof

D. on the condition the court is provided a sound justification with regard to

the loss

E. the copies have to meet terms of the guidelines

III. Conclusion: The Probable Result Of My Court Case (if the originals are not to be found)

1. Can a working copy of an audio recording be used in the provided scenario?

A. yes – but…the case can also be” thrown out” (Johnson, 2013)

B. is admissible in place of the original unless

a. there is doubt that it’s an exact duplicate of the initial one

b. it would be unfair to admit it (Delaware State Court, u. d.).

2. The best evidence rule

A. asserts that if a recording is presented into evidence, just the

initial one can be admitted

B. except if a reasonable explanation as to the originals disappearance can

be offered and accepted (Delaware State Court, u. d.).

3. Courts want to see the original evidence (wiseGEEK, u. d.).

A. in the event that the initial one is damaged or unreachable, a

a. duplicate will be acknowledged

b. it has to be verified by a witness

c. willing to provide evidence

d. substantiate it is an exact copy of the initial one

A. the best evidence rule is utilized in court (wiseGEEK, u. d.).

a. on an individual basis,

b. depending on the situation

B. Today, a lot of evidence can be digitized (wiseGEEK, u. d.).

a. some judges have confidence in these duplicates to be just as good

as the originals ones

b. by means of evidence that is digitized lets persons protect original

misplacement

IV. References

Delaware State Court, (u. d.). Questions and Answers about the Rules of Evidence, Can copies of

documents, recordings, or photographs be used? Retrieved September 9, 2013 from

http://courts.delaware.gov/Help/jp_rulevi_qa.stm

Dicarlo, V. (2008). Summary of the Rules of Evidence. Retrieved September 8, 2013 from

http://library.findlaw.com/2001/Jan/1/241488.html

Johnson, R. (September 8, 2013). Archived Live Chat 7. Retrieved September 9, 2013 from

http://ctuadobeconnect.careeredonline.com/p71509581/?session=breezgo479pwkyc9m3bat

Lee, G. (2007). Practical Criminal Evidence. Pearson Prentise Hall. Upper Saddle River, N. J.

Legal Information Institute (2010). Best Evidence Rule. Retrieved from

http://www.law.cornell.edu/wex/best_evidence_rule

The Best-Evidence Rule. (n. d.) A Law Dictionary, Adapted to the Constitution and Laws of the

United States. By John Bouvier. (1856). Retrieved September 8, 2013 from http://legal-

dictionary.thefreedictionary.com/The+Best-Evidence+Rule

wiseGEEK, (u. d.). What Is the Best Evidence Rule? Retrieved September 9, 2013 from

http://www.wisegeek.com/what-is-the-best-evidence-rule.htm