3 Responses to One Man’s Trash is Another Man’s Evidence: Why We Don’t Need New Rules, We Need Understanding, Diligence, and Enforcement of Existing Rules

  1. In my experience, you never get anywhere telling a Judge that something is beyond his or her power.

    And more and more, I think we’re seeing the government held to the same standards as any other litigant. I don’t think that’s a bad thing, but I think it’s going to be a bit of a shock to the government, as you rightly point out we saw in the ICE case.

  2. Very true. What you throw away CAN be used against you!

  3. [...] it clearer when the duty to preserve is triggered. I have written about this before in my blog One Man’s Trash is Another Man’s Evidence: Why We Don’t Need New Rules, We Need Understanding,…What do you [...]

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