Police Misconduct Triggers Exclusion
Officers planted evidence during a search of Derek Douglas's home. The court suppressed the items because the officers' dishonest act violated constitutional protections and required deterrence.
Also known as: dishonest acts · dishonest action · dishonest actions · misconduct · bad faith
Written by attorneys · grounded in primary & secondary sources — see below
Conduct involving deceit or lack of integrity that undermines trust or legal obligations. Such acts commonly trigger sanctions, exclusions of evidence, or adjustments to equitable remedies when they affect the rights of others.
Officers planted evidence during a search of Derek Douglas's home. The court suppressed the items because the officers' dishonest act violated constitutional protections and required deterrence.
Doris Duffy filed her complaint in state court and deliberately omitted the amount in controversy for over a year. The district court found her dishonest act prevented timely removal and denied the defendant's request.
Daniel Diaz, a member of Dawson Steel LLC, knowingly diverted company funds to a personal venture. The court held that this dishonest act breached his duty of care and exposed him to liability.
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Denise Donovan sought maintenance after divorce. The court awarded support based on financial need alone, refusing to reduce the amount despite evidence of her prior dishonest act toward her spouse.
Diana Delgado obtained a default judgment by submitting false affidavits. The opposing party later proved the dishonest act and secured relief under the rule allowing reopening for misconduct.
Dustin Donovan destroyed the original contract and then offered secondary evidence. The court excluded the substitute because his dishonest act caused the loss and prevented admission under the rule.
A dishonest act or false statement can be used to impeach a witness if the court determines that the elements of the crime required proof of such conduct. The evidence must be admitted when the court can readily make that determination.
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Relief is available when an opposing party commits fraud, misrepresentation, or other misconduct that affects the judgment. The rule expressly lists these grounds as a basis for setting aside the judgment.
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Secondary evidence is inadmissible if the proponent lost or destroyed the original through bad faith. The rule requires that the loss not result from the proponent's dishonest act.
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…In order to escape the rule articulated in the cases cited in the next paragraph of this opinion that, absent harassment and bad faith, a defendant in a pending state criminal case cannot affirmatively challenge in federal court the statutes under which the State is prosecuting him, Dr. Hallford seeks to distinguish his…