A fishing expedition is an informal, pejorative term for a non-specific search for information, especially incriminating information. It is most frequently organized by policing authorities.
In the UK, Abu Hamza and Yaser al-Sirri, [1] Jim Davidson, [2] and the late Edward Heath [3] were described in media as having been subjected to this tactic.
Former friends of the late prime minister Edward Heath complained that Mike Veale, Chief Constable of Wiltshire Police, had mounted a 'fishing expedition' in an 'unsatisfactory and prejudicial' investigation costing £1.5 million which had turned up 'no convincing evidence' that Heath had ever sexually assaulted anyone, according to Lord Hunt of Wirral. [4]
In pre-trial procedure, so-called "fishing expeditions" are massive and aimless calls for all documents related to the litigation: in the United States they are permissible under Federal Rule of Civil Procedure 26 (b) (1). This rule is repeated in many states' rules of procedure: "Parties may obtain discovery regarding any matter, not privileged, which is relevant ... if the information sought appears reasonably calculated to lead to the discovery of admissible evidence." The looseness of the definition of relevant evidence is generally construed to mean "liberal" production.
The only constitutional limitation on the search by subpoena is that it not be hopelessly broad or severely burdensome. If compliance required the production of virtually all the records of a business, or if the burden of sorting through the records would nearly bring the ordinary operation of the business to a halt, the subpoena is invalid. The term is used to characterize the vague or over-inclusive subpoena. [5]
In the sciences, too particular an application of inductive generalisations will sometimes be dismissed as fishing expeditions. The criticism expressed here is that the path from an insufficiently connected observation to actionable theory is held to be too long and therefore fruitless. [6]
In law, interrogatories are a formal set of written questions propounded by one litigant and required to be answered by an adversary in order to clarify matters of fact and help to determine in advance what facts will be presented at any trial in the case.
A deposition in the law of the United States, or examination for discovery in the law of Canada, involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes. Depositions are commonly used in litigation in the United States and Canada. They are almost always conducted outside court by the lawyers themselves, with no judge present to supervise the examination.
A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, a search warrant cannot be issued in aid of civil process.
Stephen Lawrence was a black British 18-year-old from Plumstead, southeast London, who was murdered in a racially motivated attack while waiting for a bus in Well Hall Road, Eltham, on the evening of 22 April 1993. The case became a cause célèbre: its fallout included changes of attitudes on racism and the police, and to the law and police practice. It also led to the partial revocation of the rule against double jeopardy. Two of the perpetrators were convicted of murder on 3 January 2012.
In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court rules which vary from place to place. The party requesting the motion is the moving party or movant. The party opposing the motion is the nonmoving party or nonmovant.
A subpoena duces tecum, or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial. In some jurisdictions, it can also be issued by legislative bodies such as county boards of supervisors.
Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and confiscate any relevant evidence found in connection to the crime.
Discovery, in the law of common law jurisdictions, is a phase of pretrial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from other parties by means of methods of discovery such as interrogatories, requests for production of documents, requests for admissions and depositions. Discovery can be obtained from nonparties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery. Conversely, a party or nonparty resisting discovery can seek the assistance of the court by filing a motion for a protective order.
In U.S. law, a motion in limine is a motion, discussed outside the presence of the jury, to request that certain testimony be excluded. A motion in limine can also be used to get a ruling to allow for the inclusion of evidence. The motion is decided by a judge in both civil and criminal proceedings. It is frequently used at pre-trial hearings or during trial, and it can be used at both the state and federal levels.
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. They are the companion to the Federal Rules of Criminal Procedure. Rules promulgated by the United States Supreme Court pursuant to the Rules Enabling Act become part of the FRCP unless, within seven months, the United States Congress acts to veto them. The Court's modifications to the rules are usually based upon recommendations from the Judicial Conference of the United States, the federal judiciary's internal policy-making body.
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction.
On 21 March 2002, Amanda Jane "Milly" Dowler, a 13-year-old English schoolgirl, was reported missing by her parents after failing to return home from school and not being seen since walking along Station Avenue in Walton-on-Thames, Surrey, that afternoon. Following an extensive search, her remains were discovered in Yateley Heath Woods in Yateley, Hampshire, on 18 September.
United States v. Hubbell, 530 U.S. 27 (2000), was a United States Supreme Court case involving Webster Hubbell, who had been indicted on various tax-related charges, and mail and wire fraud charges, based on documents that the government had subpoenaed from him. The Fifth Amendment provides that no person "shall be compelled in any criminal case to be a witness against himself." The Supreme Court has, since 1976, applied the so-called "act-of-production doctrine". Under this doctrine, a person can invoke his Fifth Amendment rights against the production of documents only where the very act of producing the documents is incriminating in itself.
Relevance, in the common law of evidence, is the tendency of a given item of evidence to prove or disprove one of the legal elements of the case, or to have probative value to make one of the elements of the case likelier or not. Probative is a term used in law to signify "tending to prove". Probative evidence "seeks the truth". Generally in law, evidence that is not probative is inadmissible and the rules of evidence permit it to be excluded from a proceeding or stricken from the record "if objected to by opposing counsel". A balancing test may come into the picture if the value of the evidence needs to be weighed versus its prejudicial nature.
Amanda Marie Knox is an American author, activist, and journalist. She spent almost four years incarcerated in Italy after her wrongful conviction in the 2007 murder of Meredith Kercher, a fellow exchange student, with whom she shared an apartment in Perugia. In 2015, Knox was definitively acquitted by the Italian Supreme Court of Cassation. In 2024, an Italian appellate court upheld Amanda Knox's slander conviction for falsely accusing Patrick Lumumba of murdering Meredith Kercher.
A Pitchess motion is a request made by the defense in a California criminal case, such as a DUI case or a resisting arrest case, to access a law enforcement officer's personnel information when the defendant alleges in an affidavit that the officer used excessive force or lied about the events surrounding the defendant's arrest. The information provided will include prior incidents of use of force, allegations of excessive force, citizen complaints, and information gathered during the officer's pre-employment background investigation. The motion's name comes from the case Pitchess v. Superior Court.
Tampering with evidence, or evidence tampering, is an act in which a person alters, conceals, falsifies, or destroys evidence with the intent to interfere with an investigation (usually) by a law-enforcement, governmental, or regulatory authority. It is a criminal offense in many jurisdictions.
Sian Emma O'Callaghan was a 22-year-old British woman who disappeared from Swindon, Wiltshire, England, having last been seen at a nightclub in the town in the early hours of 19 March 2011. Her body was found on 24 March near Uffington in Oxfordshire. On 19 October 2012, at Bristol Crown Court, 48-year-old Christopher Halliwell pleaded guilty to O'Callaghan's murder.
Operation Yewtree was a British police investigation into sexual abuse allegations, predominantly the abuse of children, against the English media personality Jimmy Savile and others. The investigation, led by the Metropolitan Police (Met), started in October 2012. After a period of assessment, it became a full criminal investigation, involving inquiries into living people, notably other celebrities, as well as Savile, who had died the previous year.
A civil investigative demand (CID) is a discovery tool used by a number of executive agencies in the United States to obtain information relevant to an investigation. By contrast with other discovery mechanisms, CIDs are typically issued before a complaint has been filed by the government in order to commence a lawsuit against the recipient of the CID. CIDs are considered a type of administrative subpoena.