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Week 2 discussion 1

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Running head: STALE EVIDENCE 1
Stale Evidence
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Institution

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STALE EVIDENCE 2
Officers face a lot of challenges in evaluating stale evidence. The first challenge is that
there is no specified time to render the evidence stale or not. In regard to the U.S v Leon case,
evidence was stored for a period of around six months and this did not subject the evidence to
staleness. The courts are also a big threat to staleness of evidence. This occurs when the state
courts take too long to determine the cases within a recommendable time. Respondents indicted
for federal offences file motions to suppress the evidence after which the state courts grant the
motions as part of the affidavit and concludes that the affidavit is insufficient to establish cause.
Police misconduct during warrant search is another cause for evidence to be considered stale.
In situations where evidence in custody is seized certainly in good faith and reliable to
search warrant, the court may consider it warrant. If the respondent violated the state laws
deliberately, the rule can be applied in several ways. Criminal trials can be modified and used to
allow the introduction of stale evidence got by the officers. When the information provided to the
courts is determined and believed to be true, reliable and adequate then it will not be subjected to
be stale. Language barrier too does not make evidence to be stale.
The digital era has redefined the issue of evidence staleness by preserving the evidence in
computer software for a long period of time. The digital era has saved the evidence from
destruction and can live forever. Consumable and perishable goods can be kept safe by taking
photos then stored in computers. Evidence can be stored for unspecified period of time in form
of softcopies which can later be used in court. The evidence is can be traced whether the files are
deleted or not.

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Running head: STALE EVIDENCE 1 Stale Evidence Name of student Institution STALE EVIDENCE 2 Officers face a lot of challenges in evaluating stale evidence. The first challenge is that there is no specified time to render the evidence stale or not. In regard to the U.S v Leon case, evidence was stored for a period of around six months and this did not subject the evidence to staleness. The courts are also a big threat to staleness of evidence. This occurs when the state courts take too long to determine the cases within a recommendable time. Respondents indicted for federal offences file motions to suppress the evidence after which the state courts grant the motions as part of the affidavit and concludes that the affidavit is insufficient to establish cause. Police misconduct during warrant search is another cause for evidence to be considered stale. In situations where evidence in c ...
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