The Federal Bureau of Investigation (“FBI”), beginning at least in 2006, set up a counterterrorism operation known as Operation Flex, which used detection and prevention techniques to counter alleged terrorism and sought to “gather information on...
evidence
A forfeiture by wrongdoing is defined under the Federal Rules of Evidence, as a statement made by a declarant that normally qualifies as hearsay and would therefore not be admissible can be admitted under the forfeiture by wrongdoing...
Under the Federal Rules of Evidence, the former testimony exception to the hearsay rule allows former testimony of a witness in one proceeding involving the same issue and same parties to be admissible in a second proceeding, provided that (1) there is...
Fruit of the poisonous trees is a doctrine that extends the exclusionary rule to make evidence inadmissible in court if it was derived from evidence that was illegally obtained. As the metaphor suggests, if the evidential "tree" is tainted,...
Frye standard is used to determine the admissibility of an expert's scientific testimony and other types of evidence, established in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923). The test was adopted to limit evidence and expert...
Habit evidence, as defined by the Federal Rules of Evidence, is evidence of a repetitive response by a person to particular circumstances, characterized by particularity and frequency. Under the Federal Rules of Evidence, habit evidence is...
On the evening of February 26, 2003, Officers Jason Mooney and Rod Richard of the Peru Police Department responded to a domestic disturbance call at the home of Amy and Hershel Hammon. Hammon v. State, 829 N.E.2d 444, 446 (Ind. 2005). After noticing...
Hearsay is an out-of-court statement offered to prove the truth of whatever it asserts, which is then offered in evidence to prove the truth of the matter. The problem with hearsay is that when the person being quoted is not present, it...
On April 6, 2006, Ronell Gilliam and a black man wearing a blue top got into a physical fight with others in the Bronx. People v. Hemphill at 472. Shortly after that fight, this other man pulled a gun and opened fire. Id. This shooting caused a stray...