Also known as: real evidences · physical evidence · tangible evidence
Written by attorneys · grounded in primary & secondary sources — see below
Tangible objects that played a direct part in the events or transactions giving rise to litigation. Authentication requires testimony that the item is the one involved and that its condition is substantially unchanged. A chain of custody is typically needed when the item is not readily identifiable.
Rhea Reynolds alleges Zane assaulted her after a conference. A rape kit yields semen and abrasions. Zane offers proof that Reynolds had consensual sex with another scientist earlier that day. The court admits the semen sample and medical findings as real evidence to show an alternative source under the applicable exception.
Robert Rivera tells counsel about a gun used in a robbery. Counsel removes the weapon from its hiding place and places it in a new safe deposit box. Police later discover the concealment. The gun itself is treated as real evidence outside any privilege claim and is admissible against counsel.
Select any source to read its text and confirm it supports the definition.
Ravi Reddy informs counsel of the location of a bloody shirt from an assault. Counsel retrieves the shirt and stores it for testing. The shirt is real evidence that must be turned over to authorities. Its location may be shown through police testimony without revealing the client communication.
Raphael Rivera gives counsel a knife recovered after a stabbing. Counsel keeps the knife for a reasonable period to test for fingerprints and blood. The knife is real evidence that must ultimately be surrendered. The communication about its original location remains protected.
Officers seize heroin from Ricardo Rojas after an unlawful entry. The heroin packets are real evidence directly involved in the charged offense. Because the seizure violated the Fourth Amendment the packets are excluded at trial.
Police seize cocaine from Rita Russell under a defective warrant. The cocaine bricks constitute real evidence of the drug offense. The court admits the bricks because the officers relied in good faith on the warrant.
The proponent must authenticate the item by showing it is the same object involved in the underlying events and that its condition is substantially unchanged. When the object is not readily identifiable a chain of custody must be established through testimony tracing its handling from seizure to trial.
Real evidence consists of tangible items that actually participated in the events at issue such as a weapon or clothing. Demonstrative evidence consists of items created for trial such as diagrams or models that merely illustrate testimony or other proof.
A lawyer who takes possession of physical evidence must generally turn it over to authorities after a reasonable time for examination. The underlying client communication about the evidence remains privileged but the physical item itself does not receive that protection.
No. An item remains real evidence even if altered so long as its relevant features are still identifiable. The proponent must simply explain the changes and show that the item is still useful for the purpose offered.
…and experience requirements for laboratory personnel; the laboratory’s physical facilities and security measures; control of physical evidence; validation of testing methodologies; procedures for analyzing samples, including the reagents and controls that are used in the testing process; equipment calibration and maintenance;…