RULE 8

Document, Document, Document

Document, Document, Document

Introduction

Without proper documentation, a whistleblowing case may lack substance. Essential evidence, such as emails indicating wrongful termination, inconsistent financial audits, or ship logs with missing oil dumping entries, bolsters the whistleblower’s position.

However, this doesn’t justify unauthorized entry into a supervisor’s office. Instead, report your concerns to the appropriate government agency and allow their investigators to conduct the necessary inquiries.

Resources

No.

Whistleblower cases have resolved this issue. However, case precedent supports a finding that the government may use information illegally obtained from a private citizen to prosecute a criminal, see:

  • Arrington v. U.S., 350 F.Supp. 710 (E.D. Penn.) (1972)
    • government may use evidence illegally obtained

The doctrine was explained in Bacon v. United States, 97 F. 35, 40 (8th Cir. 1899):

“It is held very generally that, if an individual by an illegal search or seizure obtains possession of an article or document, the state may nevertheless make use of the same as evidence against the person from whom they were wrongfully obtained to convict him of a crime; and that the inhibition found in article 4 of the amendments to the federal constitution, and in many state constitutions, against unreasonable searches and seizures is a limitation upon the power of the state to make such searches and seizures for its own benefit, and has no reference to unauthorized acts of individuals.”

This holding was followed by the Supreme Court in:

Under New Jersey state law, an employer that destroys evidence not only can have an adverse inference drawn against it, but can also be liable for the tort of fraudulent concealment:

Also see:

Frequently Asked Questions

Related Rules

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