Derivative Evidence

• Derivative Evidence

Facts, information, or physical objects that tend to prove an issue in a criminal prosecution but which are excluded from conside...

• West's Encyclopedia of American Law
• Com–Dor

• State v. McLemore, (Ohio 2012)

Trial court did not err in finding a search of Defendant’s home following his arrest was not a “protective sweep” for which no prior warrant was required, when officers had no reasonable basis to suspect that other persons who might pose a threat to officers or who were in need of aid remained inside; trial court erred when it suppressed evidence of Defendant’s statement in response to questions concerning the location of a shotgun the officers had observed was missing from a gun cabinet, on a finding that their knowledge of that matter was derivative of their illegal protective sweep, when officers had a source of knowledge concerning the gun independent of the protective sweep that created an exception to the derivative evidence rule; trial court erred in suppressing evidence seized ...

• Ohio Supreme Court

• The Determinants of Foreign Currency Hedging by U.K. Non-Financial Firms

For 366 large non-financial U.K. firms, this paper reports the factors that are important in determining their decision to hedge foreign currency exposure. The results provide strong evidence of a relationship between expected financial distress costs and the foreign currency hedging decision and more significantly the foreign currency only hedging decision. These findings seem stronger than those found in similar studies using U.S. data. The paper argues that this might be due to the fact that several U.S. studies include in their non-hedging sample other hedging firms, such as firms using non-derivative methods for currency hedging and interest rate only hedgers, which might bias the results against the a priori expectations. However, it might also be due to a country specific institu...

• Multinational Finance Journal
• Vol. 10 Nbr. 1/2, March 2006

• State v. Sharpe, (Ohio 2008)

Defendant’s arrest at his home pursuant to a warrant did not authorize a subsequent warrantless “protective sweep” of the premises for other persons, absent any indication that other persons who might harm police were inside; search warrant that was subsequently obtained on probable cause of drugs discovered during the protective sweep was tainted by the illegality of the protective sweep, requiring suppression of evidence seized pursuant to the warrant under the “derivative evidence” rule; and, on the record, the inevitable discovery exception to the derivative evidence rule does not apply. Reversed and Remanded.

• Ohio Supreme Court

• Manual for Courts-Martial; Proposed Amendments

The Joint Service Committee on Military Justice (JSC) is forwarding final proposed amendments to the Manual for Courts-Martial, United States (MCM) to the Department of Defense. The proposed changes constitute the 2012 revision of the Military Rules of Evidence (M.R.E.) in the MCM in accordance with DoD Directive 5500.17, ``Role and Responsibilities of the Joint Service Committee (JSC) on Military Justice,'' May 3, 2003. The proposed changes affect all the M.R.E. and are in conformity, to the extent practicable, with the Federal Rules of Evidence. These proposed changes have not been coordinated within the Department of Defense under DoD Directive 5500.1, ``Preparation, Processing and Coordinating Legislation, Executive Orders, Proclamations, Views Letters Testimony,'' June 15, 2007, an...

...The JSC also removed the word ``derivative'' from 304(b)(2) to eliminate internal contradicti...

• Federal Register Nbr. 77 FR 15053, March 14, 2012
• Notices
• Defense Department

• Emphasizing the Copy in Copyright: Why Noncopying Alterations Do Not Prepare Infringing Derivative Works

Litigations over video filtering is the most recent addition to a growing list of unpredictable controversies arising from noncopying alterations of copyrighted works. Prior to the 1976 Copyright Act, courts consistently rejected attempts to prohibit mere unauthorized alterations of protected works unless there was evidence that those works were copied in one form or another. Since the enactment of the 1976 Copyright Act, an increasing number of plaintiffs have alleged copyright infringement even absent evidence of copying. Although evidence of copying is a well-established requirement for proving copyright infringement in general -- affirmed most recently in Feist Publications Inc v. Rural Telephone Service Co -- courts have not directly addressed whether copying is an element to prove...

• Brigham Young University Law Review
• Vol. 2005 Nbr. 5, September 2005

• Overlitigating Corporate Fraud: An Empirical Examination

An empirical examination of some 700 corporate fraud lawsuits shows a significant overlap in the application of the variety of suits available, as well as pronounced differences in the effectiveness of the various kinds.

• Iowa Law Review
• Nbr. 97-1, November 2011

• Oregon v. Elstad, 470 U.S. 298 (1985)

..., the state trial court excluded from evidence his first statement because he had not been given ... the well-established rules respecting derivative evidence, as the Court has held today, there is a ...

• U.S. Supreme Court

• Knittel v. Clare, (Ohio 2004)

In shareholder derivative and corporate dissolution case, court's decision was against manifest weight of evidence where used different methodologies for determining parties' contributions to corporation

• Ohio Supreme Court

• Bark with no bite: how the inevitable discovery rule is undermining the Supreme Court's decision in Arizona v. Gant.

... arrestee and to discover and preserve evidence. (4) Despite these stated rationales, for years th... the case before it, admission of the derivative evidence would not further this rationale. (418) T...

• Journal of Criminal Law and Criminology
• Vol. 101 Nbr. 1, January 2011