Legal Question in Criminal Law in Virginia

Evidence Collection
Discriminating evidence was gathered thru phone tapping, video surveillance and software (on a PC capturing passwords on personal home email accounts) in a private residence through the use of a PI - at the request of a wife to gather evidence against her husband thought to be having an affair. Is the evidence generated by the PI legal? Can that evidence be used in court? If illegal, what are the legal consequences to the wife, the PI, the attorney in knowing that this evidence exists and was gathered illegally? What are the consequences to these persons if this evidence were to be revealed to other people? What are the legal consequences of the persons involved in the requesting and gathering of this information?

Asked on 4/26/04, 1:34 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Evidence Collection

Evidence obtained through wire tapping could

obviously not be obtained legally by a PI since such a person would not be able to obtain the judicial authority necessary for such an intercept.

Evidence gathered by the PI using the other devices referenced would most likely be admissible in court.

Answered on 4/26/04, 7:16 pm

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