What are the rules on evidence-gathering in criminal cases?
In South Carolina, evidence-gathering in criminal cases is governed by the South Carolina Rules of Evidence and the South Carolina Rules of Criminal Procedure. Both rules govern the procedures used to collect, secure, and store any evidence that is collected in order to be used in court. Under the South Carolina Rules of Evidence, evidence must be reliable and have a clear chain of custody in order to be admitted into evidence. This means that whoever collected the evidence must be able to demonstrate that the evidence is not corrupt or tampered with. Furthermore, the evidence must be properly secured and stored in an area where it cannot be accessed or altered by anyone. Under the South Carolina Rules of Criminal Procedure, law enforcement officers must obtain a properly authorized search warrant before collecting any evidence. This warrant must specify exactly what evidence is being sought and the location of that evidence. Warrants may be issued by a magistrate, judge, or other appropriate official. Without a valid search warrant, any evidence that is collected and used in court is considered inadmissible. Finally, all evidence must be handled properly in order for it to be used in court. This includes fingerprints, clothing, documents, tools, and any other type of evidence. It is important for law enforcement officers to document where the evidence was collected from and who collected it in order to properly track the chain of custody. This helps to ensure that the evidence is reliable and prevents any tampering or corruption.
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