Discuss the obstacles to obtaining evidence in foreign countries. How can the U.S. gather information and evidence in another country? Include the MLATS as part of this discussion
What will be an ideal response?
Some of the obstacles to obtaining evidence from foreign countries could include the manner in which the evidence would be collected (in such a manner to be admissible in court in the United States), whether or not the foreign country would be willing to cooperate with the United States, and the conditions or terms under which such evidence collected outside of the United States would be admitted into evidence in a United States court. This could include everything from chain of custody to collection methods. Another way of obtaining evidence from foreign countries is through the use of Mutual Legal Assistance Treaties (MLAT), which the United States signed with thirty-four countries including Canada and Mexico. If an MLAT does not exist, authority may be requested from a federal court to ask officials in a foreign country to obtain evidence. This is called a "letter rogatory." Subpoenas may also be issued on persons or corporations in the United States who have constructive possession of evidence located in foreign countries.
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