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268

Location of the Evidence

The first step in selecting an appropriate method for securing assistance from abroad is to determine the jurisdiction from which assistance is needed. Once the country is identified, the Office of International Affairs attorneys can advise the prosecutor about the existence of relevant treaties and domestic laws. Generally, foreign cooperation depends on the existence of articulable facts indicating that evidence is located in a particular jurisdiction. The prosecutor should be prepared to provide that information.

[cited in Criminal Resource Manual 267]