Question

From the perspective of the prosecution, the safest legal means of obtaining incriminating documents from a suspect is by: a. Subpoena duces tectum b. A search warrant c. Having an informant steal the documents d. Surreptitiously copying the documents

Answer 1

Answer:

a. Subpoena duces tectum

Explanation:

Options C (an informant steal the documents) and D (discrete copy of the documents) would be considered illegal and/or inadmissible in most places, so you should avoid these.

Options A (subpoena) and B (search warrant) are usually issued by a judge after considerations, so they are both legal ways to obtain something.

In a subpoena duces tecum, the court orders an individual (or a moral person) to produce (usually very specific) documents to court or face penalty.

A search warrant is executed by law enforcement officials who are seeking information to help in their investigation, usually not highly specific (not 'search for a copy of the April 10 minutes of the meeting.').