Also known as: tangible evidences · physical evidence · real evidence
Written by attorneys · grounded in primary & secondary sources — see below
Physical objects or materials that can be perceived by the senses and presented in court to establish a fact in issue.
Tiffany Torres testified that Tristan Thompson caused her internal abrasions during an alleged assault. The defense offered proof of her encounter with another man earlier that day to show the abrasions originated elsewhere. The court admitted the evidence because it directly addressed the source of the physical findings in the rape kit.
Tessa Takahashi gave her lawyer a bag containing stolen cash and a handgun after a robbery. The lawyer placed the items in a new safe deposit box without notifying authorities. Because the lawyer actively hid the physical objects, the court held that neither the items nor the lawyer's actions enjoyed privilege protection.
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Trevor Tate told his attorney the location of a blood-stained shirt from the crime scene. The attorney retrieved the shirt and stored it in his office. The court required the attorney to surrender the shirt to prosecutors while protecting the client's statements about its location.
Theresa Tucker delivered a knife to her lawyer after describing where she found it. The lawyer kept the knife for several weeks to conduct forensic tests before turning it over. The court ruled the knife itself had to be produced even though the client's description of its location remained privileged.
Tracy Torres was arrested after officers found narcotics and ledgers in her apartment during an unlawful entry. The government sought to introduce the seized items at trial. The court excluded the tangible objects because they were obtained through an unconstitutional search.
Titan Industries stored customer records inside a locked office safe. Government agents recorded conversations inside the office without a warrant. The court suppressed both the recordings and the physical documents because the company maintained a reasonable expectation of privacy in the tangible materials.
A lawyer may examine and test physical items for a reasonable time to prepare a defense but must then surrender them to authorities. The client's statements about the item's location remain privileged, but the object itself does not receive protection once the lawyer takes possession.
Rule 412(b)(1)(A) allows evidence of specific instances of a victim's sexual behavior when offered to prove that someone other than the defendant was the source of semen, injury, or other physical evidence. The exception applies only to the narrow purpose of identifying the source of the physical findings.
An attorney who removes and hides physical evidence without lawful justification loses any privilege claim and may face criminal liability or sanctions. The privilege covers only communications, not the physical fruits or instrumentalities of the crime.
…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;…