267
Obtaining Evidence AbroadGeneral
Considerations
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Obtaining evidence outside the United States involves
considerations unfamiliar to many American prosecutors. Most
problems
associated with international evidence gathering revolve around the
concept of sovereignty. Virtually every nation vests responsibility
for
enforcing criminal laws in the sovereign. The other nation may
regard an
effort by an American investigator or prosecutor to investigate a
crime
or gather evidence within its borders as a violation of
sovereignty.
Even such seemingly innocuous acts as a telephone call, a letter,
or an
unauthorized visit to a witness overseas may fall within this
stricture.
A violation of sovereignty can generate diplomatic protests and
result
in denial of access to the evidence or even the arrest of the agent
or
Assistant United States Attorney who acts overseas.
The solution is usually to invoke the aid of the foreign
sovereign in obtaining the evidence. The Office of International
Affairs
advises prosecutors in selecting an appropriate method for
requesting
assistance from abroad. See USAM
9-13.520 and this Manual at 274
et seq. The method chosen depends on the factors
listed in
this Manual at 268 to 272.
[cited in USAM 9-13.510] | |