Can whatsapp messages be an evidence? Please first read this question She sent me messages over whatsapp, Is those messages are valid in Indian and Canadian courts?
If you show that you received a message through WhatsApp that looks like it was sent by some person, then this is to some degree evidence that the person sent that message. Obviously they can claim that someone used their phone, or that someone forged the message and so on. The contents of the message may be hearsay. Just because someone sends a message doesn't mean the message is true. On the other hand, if someone sends a message saying "I'll kill you", that's not evidence that they were trying to kill you, but it is evidence that they threatened you.
In US law, there was, as far as the question indicates, no probable cause to search her phone at all, Therefore (unless there is some cause not mentioned in the question), any such search is illegal, and any evidence found in such a search, or that is found as an indirect result of such a search (pointers toward it are found in the search, and followed) would not be admissible in any criminal case against Alice. In the case of Bob, if his friends and family approach the police or other authority with a vague suspicion that Bob might be involved in the creation of illegal content That will probably not constitute probable cause for an arrest of Bob or a search warrant for his phone. Unless the accusation does prove to constitute probable cause, any evidence found during such a search would not be admissible against Bob in a criminal case. In practice, most US police would not undertake either search without better evidence than is described in the question. But some police will overstep the lines, which is what the US exclusionary rule is for. Legal procedure does not as far as I know make a distinction between "exploratory" and "confirmatory" evidence. Instead, evidence is either admissible or not. The rules for when evidence is admissible are quite complex, and vary by jurisdiction. Some of them are more traditional than logical, and some of them are addressed to particular problems that have arisen in particular circumstances. But the US Fourth Amendment protections against unreasonable searches, and the requirement of probable cause before search or arrest warrants are issued, serves some of the same purpose. Other countries have different rules, but many of them restrict the authorities to some extent from making arbitrary searches with no initial evidence. Response to the Revised Question As the question has been edited, there seems to be fairly clear probable cause to search Alice's phone, and if clear evidence of "illegal pornographic content" presumably actually child pornography, as no other kind is illegal simply to posses) is found, she can be brought to trial and perhaps convicted. The mere "suspicion" of Alice's "friends and relatives" would add little and mi8ght well not even be admissible. The facts, if any, on which those suspicions are based might be admissible, one cannot tell from the summary in the question. The case against Bob, however, remains weak. Indeed there still seems to be no probable cause either to arrest Bob nor to se3arch his phone, and the results of any search that was done would not be admissible. Probably none would be done without more evidence. The OP wrote: Thus, although the situation looks grim for both, since the evidence against Bob is confirmatory, it might be considered stronger. Not so, the case against Bob is weaker, indeed so weak that an arrest would be unlikely, and if one were made, the case would likely be dismissed before going to trial, assuming no more evidence than was included inn the question. The evidence prior to the search seems to consist only of vague suspicion not supported by any actual evidence, and so there is nothing to confirm, and no valid search would occur. That suspicion of Bob came before the search, and the search is thus "confirmatory" is not relevant. The question is, what evidence against each defendant is admissible, and does the totality of the admissible evidence amount to "proof beyond a reasonable doubt" no matter what order it was discovered in, or what idea was in the minds of the investigators, provided that they were acting lawfully so that their findings are admissible.
Laws are different around the world and you didn't bother to state your location, but typically no- this is not how the system works. What would be the point? There's no defendant. You, the plaintiff would argue against thin air and then what? The court rules in your favour, declares this illegal, and nothing happens because there's no defendant. Is it so you can use this ruling if you find out later? Pretty sneaky. Let's look into how this would actually work. You bring up a case- Jackson vs a mannequin or something. You make your arguments. The defense makes literally no defense. The judge rules in your favour, with a result of nothing as there is no defendent. Next, you find the culprit and bring a case against them. You point out that this is illegal because we came to that decision last week. What's that defendant? An argument against it being illegal? Too bad, the decision has been made. When I posted this answer, it was before the &quot;Nyah, I was ranting about government spying but was deliberately vague- aren't I clever?&quot; comment and I assumed it was against, say, a neighbour but it doesn't really matter. You cannot have a system that makes a judgement without a defendant so it can be applied later.
canada Evidence of offences other than the one for which the accused is being sentenced is admissable at a sentencing hearing, even evidence of untried offences. R. v. Edwards, 2001 CanLII 24105 (Ont. C.A.): [39] There are statutory provisions that do permit the use of evidence about the offender, even though that evidence also discloses the commission of other crimes. First, s. 718(c) and (d) of the Criminal Code set out as two of the objectives of sentencing: (c) to separate offenders from society, where necessary; (d) to assist in rehabilitating offenders; [40] Neither of these objectives can be fairly achieved through sentencing without knowing something, and perhaps quite a bit, about the background and character of the offender. The Crown, in this case, in effect put its case for admission of this evidence on the need to separate this respondent from society. The sentencing judge can consider such evidence of untried offences. (R. v. Jordan, 1991 CanLII 203 (B.C.C.A.)) When there is a dispute about any fact that might aggravate the sentence, the Crown (prosecution) must establish that fact by proof beyond a reasonable doubt. Criminal Code, s. 724(3)(e). See also R. v. Roopchand, 2016 MBCA 105: The first ground [of appeal] is whether the sentencing judge erred by taking into account the accused’s pending charge for an untried offence when imposing sentence. The use to be made of evidence will be informed by the purpose for which it is to be admitted. With respect to what use can be made of evidence of untried offences at a sentencing hearing, the case law is clear: while such evidence cannot be used for the purpose of punishing the accused, it is admissible when its purpose is limited to shedding light upon some aspect of the accused’s character and background which is relevant to the objectives of sentencing being considered by the judge R. v. Angelillo, 2006 SCC 55: The fact that Mr. Angelillo had been charged with two new counts of fraud, both of which were allegedly committed while he was waiting to be sentenced, was obviously relevant to the assessment of the danger his release would represent for the community. In Angelillo, the judge could even have &quot;postponed the sentencing hearing to a date after the interim release hearing regarding the new charges in order to be better informed of the risk resulting from the subsequent act.&quot;
The emails both are and are not hearsay If the landlord seeks to use them as evidence that you did the things stated in the emails, that’s hearsay. However, if he seeks to use them as evidence that he received complaints about you, that’s not hearsay. Notwithstanding, this is no doubt a hearing in a tenancy tribunal or small-claims court - strict rules of evidence generally don’t apply in those. The emails are therefore likely something that will be admissible even if they are hearsay.
There is no law in the US that says you must tell the truth on the internet. Some places where one must tell the truth are: When speaking to police, the FBI, and most government agencies When filing your taxes with the IRS In certain business contracts When testifying before Congress But on the internet, you can claim to be the first man on the moon with impunity. If someone is gullible enough to believe you and send you money, that is their fault and responsibility. As far as eating a Pangolin, why should she "admit" it, when it was documented on Instagram? There is no duty to officially apologize for it. You can try to report her to the US Fish and Wildlife Service, which enforces the Endangered Species Act, but as it occurred outside the USA, they will be powerless. Her claims are dubious, and possibly incorrect. Her treatment of an endangered animal is reprehensible. However, you posted this to a law site, asking about "reporting it" (to some sort of authority), and tagged it "criminal law". Her behavior is troubling, but I don't see anything that is remotely illegal or criminal.
Some people seem to believe that just because something happens 'in the internet' it is somehow outside normal jurisdictions. Wrong. In may be harder to investigate and prosecute crimes in the internet, but the laws apply all the same. There are some problems when it is unclear 'where in the world' something did happen -- in the jurisdiction of the perpetrator, the victim, or the service provider? But problems of jurisdiction apply e.g. to international fraud cases in the non-web-world as well. In many jurisdictions, the informed and voluntary consent makes some things legal which would otherwise be illegal. For instance, if two boxers get into the ring, it is understood that each of them did consent to be hit by the other. But usually two fighters could not legally agree to a fight to the death, because even if there are laws on assisted suicide, they do not apply to a fight. Insults, libel, and slander are not on the same level as homicide. There are jurisdictions where they are not prosecuted without the request of the victim. But an insult might also violate other laws, e.g. disturbing the peace. So don't bet on such an app unless you know for sure which jurisdictions are involved.
It will be fact-specific, but potentially not unlocking your phone for such a reason could be a &quot;reasonable excuse&quot;. However, you will need to provide evidence for such an excuse. The prosecution will still have to prove, beyond reasonable doubt, that the excuse is not &quot;reasonable&quot;. It is entirely possible that the court would determine any such excuse based on privacy to not be reasonable, partly because it grants a very broad shield to defendants which would frustrate the purpose of the law, but partly because they can point to precedent that privacy is not an absolute right and that privacy infringement can be justified in the circumstances (the same way the police can search your phone). I have not been able to find any relevant case law on the matter, but I will keep investigating and update my answer if I find any. As an aside, it does appear possible for any warrant obtained by TV Licensing officials to include a Section 49 Regulation of Investigatory Powers Act 2000 notice which would compel you to unlock the phone regardless of any &quot;reasonable excuse&quot;. Failure to do so would result in a conviction under Section 53 of the Act.