Code of Evidence

• Every section of the California Code of Evidence considers the admissibility of evidence. To determine whether a particular statement was properly acquired and can be properly admitted under the Code of Evidence is not a simple answer. Lawyers must consider the circumstances surrounding the method of acquiring the statement, the nature of the statement, the speaker and for what purpose the statement is being admitted.
  
  

Code of Civil Procedure

• The Code of Civil Procedure considers issues that may arise both pre-trial and during trial. Acquisition of statements to be used at trial would generally be governed by the rules concerning discovery. However, like the Rules of Evidence, the method of acquisition, the speaker and the purpose for obtaining the statement determines which rules apply.
  
  

Constitutional Limits

• Particularly in criminal cases, Constitutional limitations against unreasonable search and seizure, self- incrimination and right to an attorney impact how law enforcement may acquire statements. No simple answer exists. Constitutional law surrounding admissibility of defendant statements is so large that entire classes are devoted to the issue in law schools.