Re:OVH threatens to leave if latest French surveillance law ...
by sergiosgc on Wednesday April 15, 2015 @06:28AM
(#9379979)
> In Europe in general all evidence is a priori admissible no matter how it was collected.
That is not the case in Portugal and, since our laws are mostly inspired by French laws, I'd imagine that is not the case in France. Illegally obtained evidence, or evidence where there is a relevant probability that the chain of custody was compromised, is not admissible in court.
That's a distinctly US concept. In Europe in general all evidence is a priori admissible no matter how it was collected. It is them up to the lawyers and judges to argue that the way this evidence was collected makes it inadmissible in this situation on a case by case basis.
So as long as an argument can be made that the illegality of the method used to collect the evidence didn't affect the reliability of the evidence then it can be used.