Aside from the formal methods (e.g., letters rogatory, MLATs,
agreements) described above, there are a variety of other possible
obtaining assistance in particular cases in certain countries.
Bear in mind that
these methods, though certainly useful at the investigative stage,
provide evidence in a form that would be admissible in a criminal
- Persuading the authorities in the other country to
investigation whereby the needed evidence is obtained by their
then shared with us. CAUTION: evidence gathered by foreign
officials in a
manner that "shock[s] the judicial conscience" may be excluded at
e.g., United States v. Behety, 32 F.3d 503 (11th Cir.
denied, 115 S. Ct. 2568 (1995). Additionally, if American law
officials substantially participated in the search, or if the
conducting the search were acting as agents for the American
search may be deemed a joint venture and its fruits may be excluded
search was "reasonable" under the Fourth Amendment. See
v. Barona, 56 F.3d 1087 (9th Cir. 1995), cert. denied,
116 S. Ct. 813
(1996); United States v. Behety, supra; United
LaChappelle, 869 F.2d 488 (9th Cir. 1989).
- Making requests through diplomatic channels for documents
records) that may be considered public records in the requested
country and that
the foreign authorities will release to us if officially requested.
- Taking depositions of voluntary witnesses at United States
embassies and consulates. See this Manual at 285.
- Making treaty-type requests that, even though no treaty is in
force, the authorities in the requested country have indicated they
accept and execute. In some countries, (e.g., Germany, Japan)
law governs the acceptance of such requests; in others, custom or
- Making informal police-to-police requests (often accomplished
through United States law enforcement agents stationed at our
- Making requests through Interpol for evidence (or more often
information) that can be obtained by foreign police without an
request (e.g., current location or photo of an
[cited in Criminal Resource Manual 274]