A fishing expedition is an informal, pejorative term for a non-specific search for information, especially incriminating information. It is most frequently organized by policing authorities.
Media
In the UK,
Abu Hamza and
Yaser al-Sirri,
Jim Davidson
James Cameron Davidson (born 13 December 1953) is an English stand-up comedian, actor, singer and TV presenter. He hosted the television shows '' Big Break'' and ''The Generation Game''. He also developed two adult pantomime shows such as ''B ...
, and the late
Edward Heath
Sir Edward Richard George Heath (9 July 191617 July 2005), often known as Ted Heath, was a British politician who served as Prime Minister of the United Kingdom from 1970 to 1974 and Leader of the Conservative Party (UK), Leader of the Conserv ...
were described in media as having been subjected to this tactic.
Former friends of the late prime minister Edward Heath complained that Mike Veale, Chief Constable of Wiltshire Police, had mounted a 'fishing expedition' in an 'unsatisfactory and prejudicial' investigation costing £1.5 million which had turned up 'no convincing evidence' that Heath had ever sexually assaulted anyone, according to
Lord Hunt of Wirral.
Law
In
pre-trial
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, w ...
procedure, so-called "fishing expeditions" are massive and aimless calls for all documents related to the litigation: in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
they are permissible under Federal Rule of Civil Procedure 26 (b) (1). This rule is repeated in many states' rules of procedure: "Parties may obtain discovery regarding any matter, not privileged, which is relevant ... if the information sought appears reasonably calculated to lead to the discovery of admissible evidence." The looseness of the definition of relevant evidence is generally construed to mean "liberal" production.
«The only constitutional limitation on the search by
subpoena
A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of ...
is that it not be hopelessly broad or severely burdensome. If compliance would require the production of virtually all the records of a business, or if the burden of sorting through the records would nearly bring the ordinary operation of the business to a halt, the subpoena is invalid. Maybe the confusion is in the use of the metaphor "fishing expedition." The term is used to characterize the vague or over-inclusive subpoena».
See also
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Dragnet (policing)
A dragnet is any system of coordinated measures for apprehending criminals or suspects; including road barricades and traffic stops, widespread DNA tests, and general increased police alertness. The term derives from a fishing technique of draggi ...
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Duces tecum
A ''subpoena duces tecum'' (pronounced in English ), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial. In ...
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Presumption of guilt
A presumption of guilt is any presumption within the criminal justice system that a person is guilty of a crime, for example a presumption that a suspect is guilty unless or until proven to be innocent.
Such a presumption may legitimately aris ...
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Trial by media
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Witch-hunt
A witch-hunt, or a witch purge, is a search for people who have been labeled witches or a search for evidence of witchcraft. The Witch trials in the early modern period, classical period of witch-hunts in Early Modern Europe and European Colon ...
References
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Mass media
Informal legal terminology