14 April 1804

Evidence

Forthcomingness

Ch. Real

§. Engl. Law

Of the incapacity the plaintiff is laid under with respect to the obtaining discovery of real evidence, or authentication of written evidence, by questions put to the defendant on the occasion of the preliminary examination, and thence the insufficiency of the investigatorial procedure, even in those cases in which it is permitted to be employed, for the obtainment of these objects, mention has already been made in another place. To those purposes, physical means /applications/ may be employed; psychological ones can /must/ not be employed. In a case of felony you may search a man's home for proof /evidence/, to be produced against him - you may search his cloathes his person for stolen goods for instruments of rapine /depredation/ - but you must not ask him where in case of search any such thing would be to be found. You may cause a female to be searched in a manner of which decency forbids the description but as to the putting so much as a question to her it must not be done.

 Something to be said of misdemeanours.