The document discusses the best evidence rule, which requires the original recordings, writings, or pictures to be presented as evidence in court, allowing duplicates only if the originals are unavailable. It reviews legal precedents regarding wiretapping, outlining how evidence obtained through such means can be permissible if it does not violate an individual's Fourth Amendment rights. The conclusion emphasizes that while a working copy may be admitted, it depends on the court’s acceptance of justifications for the absence of original evidence.

1. KEY ASSIGNMENT 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

2. 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

3. 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

4. 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

5. 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

6. 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