## Introduction

False evidence is any item, statement, or record that is fabricated, altered, or planted to sway the outcome of a case. You may also hear it called forged evidence, fabricated evidence, or tainted evidence. In U.S. courts—civil and criminal—such material is inadmissible and can trigger serious penalties for those involved.

This guide explains how courts identify and handle false evidence, common scenarios you might see in the courtroom, the legal consequences, and practical steps to prevent or challenge it.

Note: This overview is for general information only and is not legal advice.

## What You'll Learn

- What counts as false evidence and common categories (planted items, forged documents, false testimony, manipulated digital files)
- How the Federal Rules of Evidence address authenticity, relevance, expert reliability, and witness credibility
- Key constitutional protections when government actors create or use false evidence
- Real and illustrative case studies that show how courts respond
- Practical steps to spot, challenge, and remediate falsified proof
- Possible sanctions, criminal charges, and civil liability tied to false evidence

## Core Concepts

### Definition and Types of False Evidence

False evidence is material presented as genuine that is, in fact, fabricated or altered with the purpose of affecting a case. Typical categories include:

- Planted physical items: Drugs placed in a car, a weapon added to a scene, or substituted evidence in a sealed bag.
- Forged or altered documents: Fake contracts, altered signatures, or edited terms; emails or PDFs that have been modified to misstate facts.
- False testimony: Statements a witness gives under oath that the witness knows are untrue (perjury) or testimony elicited through coaching that pushes a witness to lie (subornation of perjury).
- Manipulated audio, video, or images: Edited recordings, deepfakes, or photos with metadata that doesn’t match the claimed timeline.
- Tampered chain of custody: Gaps or substitutions that show an exhibit was mishandled or switched.
- Fabricated expert reports or lab results: Invented or altered analyses presented as scientific findings.

All of the above can lead to exclusion, sanctions, and, in criminal matters, reversal of convictions.

### Admissibility Rules That Catch False Evidence

Courts use a set of rules to keep unreliable or falsified proof out:

- Relevance and unfair prejudice (FRE 401–403): Evidence must be relevant. Even relevant proof can be excluded if risks (confusing the issues, misleading the jury, unfair prejudice) substantially outweigh its value.
- Authentication (FRE 901–902): A proponent must show an item is what it claims to be—through witness testimony, expert analysis, distinctive features, or metadata. Some items are self-authenticating (FRE 902), but challenges are still possible if authenticity is suspect.
- Best Evidence Rule (FRE 1002–1003): To prove the content of a writing, recording, or photo, the original is generally required. Duplicates suffice unless there’s a genuine question about authenticity or fairness.
- Expert testimony (FRE 702 and Daubert): Experts must rely on reliable methods applied to sufficient facts. A Daubert hearing can expose junk science or altered inputs.
- Witness credibility (FRE 607–609, 613): Parties can impeach witnesses for bias, prior inconsistent statements, or dishonest acts and convictions. Courts can strike testimony procured by fraud or perjury.

### Constitutional Protections in Criminal Cases

When government actors are involved, constitutional rules add further protection:

- Fourth Amendment and exclusionary rule: Illegally obtained or planted evidence is subject to suppression, along with “fruit of the poisonous tree.” See Mapp v. Ohio.
- Due Process (Fourteenth Amendment): The government cannot secure a conviction through known false evidence or perjured testimony. Key cases include:
  - Mooney v. Holohan: Convictions based on fabricated evidence violate due process.
  - Napue v. Illinois: The prosecution may not knowingly allow false testimony to go uncorrected.
  - Giglio v. United States: The government must disclose impeachment information about witnesses.
- Franks v. Delaware: A defendant is entitled to a hearing if a warrant affidavit contains knowingly false statements (or reckless disregard for the truth) that are necessary to the probable cause finding. If proved, the tainted evidence is suppressed.

### Crimes and Sanctions for Falsification

Presenting false evidence can trigger serious consequences:

- Criminal charges:
  - Perjury: 18 U.S.C. §§ 1621, 1623
  - Subornation of perjury: 18 U.S.C. § 1622
  - Obstruction and tampering: 18 U.S.C. §§ 1503, 1512, 1519
- Civil liability: Government officials may face civil suits (e.g., under 42 U.S.C. § 1983) for fabricating evidence that violates constitutional rights.
- Court sanctions and discipline:
  - Monetary sanctions (e.g., Rule 11, 28 U.S.C. § 1927)
  - Issue or evidence preclusion, striking pleadings, default judgment, or dismissal
  - Contempt of court
  - Professional discipline for attorneys (see ABA Model Rules 3.3 Candor to the Tribunal, 3.4 Fairness to Opposing Party and Counsel)

## Key Examples or Case Studies

Examples in legal proceedings:

- Planted evidence: People v. Smith
  - Scenario: Officers planted drugs in a car to secure a conviction.
  - Outcome: The court deemed the exhibit falsified and excluded it. The case unraveled because the key evidence was inadmissible.
  - Takeaway: Body-worn camera footage, GPS logs, and chain-of-custody records often reveal planting or tampering.

- Forged documents: Doe v. Roe
  - Scenario: A plaintiff offered contracts with forged signatures to support civil claims.
  - Outcome: Forensic analysis exposed discrepancies. The court struck the exhibits, sanctioned the party, and awarded fees.
  - Takeaway: Request native files and use forensic document examiners; compare metadata, fonts, and revision history.

- False testimony: Johnson v. State
  - Scenario: A witness admitted to lying on the stand.
  - Outcome: The court struck the testimony and referred the matter for perjury charges. If the prosecution knew of the lie, a new trial would likely be required under Napue.
  - Takeaway: Aggressive cross-examination and collateral records (texts, location data) can uncover perjury.

Additional case law often cited:

- Napue v. Illinois (U.S. Supreme Court)
  - Holding: The prosecution may not knowingly use false testimony or allow it to stand uncorrected. If the falsehood could affect the verdict, a new trial is required.

- Franks v. Delaware (U.S. Supreme Court)
  - Holding: Defendants can challenge a warrant if they make a substantial preliminary showing that the affidavit contains knowingly false or recklessly false statements essential to probable cause. Proven falsity leads to suppression.

- Mapp v. Ohio (U.S. Supreme Court)
  - Holding: Evidence obtained in violation of the Fourth Amendment is inadmissible in state courts, reinforcing suppression of planted or illegally seized items.

Note: “People v. Smith,” “Doe v. Roe,” and “Johnson v. State” are common teaching examples used to illustrate issues courts confront; similar fact patterns appear in reported decisions across jurisdictions.

## Practical Applications

How to spot and challenge false evidence:

- Build the record early
  - Send preservation letters for documents, emails, texts, and videos.
  - Request native ESI with full metadata (timestamps, authorship, hash values).
  - Demand complete chain-of-custody logs for physical items.

- Use targeted discovery
  - Subpoena third parties (carriers, cloud providers, labs) for source data.
  - Take depositions to lock in stories; compare to documents and metadata.
  - Ask for lab bench notes and instrument data, not just summary reports.

- Engage qualified experts
  - Forensic document examiners for signatures and PDFs.
  - Digital forensics for phones, hard drives, and social media.
  - Audio/video specialists for deepfake detection and edit analysis.

- Make timely courtroom challenges
  - File motions in limine to exclude suspect exhibits under FRE 401–403, 901, and 1002–1003.
  - Seek a Daubert hearing for expert opinions built on unreliable or altered inputs.
  - Challenge chain-of-custody gaps that suggest substitution or contamination.
  - In criminal cases, move to suppress planted or unlawfully seized items; request a Franks hearing where a warrant affidavit is suspect.

- Enforce constitutional and disclosure duties
  - Make Brady/Giglio requests for exculpatory and impeachment material.
  - If false testimony emerges, ask the court to strike it and instruct the jury, and seek a mistrial if necessary.
  - If post-trial evidence shows fabrication, pursue a motion for a new trial or post-conviction relief.

- Plan for sanctions and remedies
  - Ask for fee-shifting and monetary sanctions where forged or altered exhibits are used.
  - Seek issue preclusion, adverse inferences, or dismissal in civil cases where falsification is proven.
  - Request referrals for perjury or obstruction when appropriate.

Prevention tips for institutions:

- Law enforcement and prosecutors
  - Maintain detailed evidence logs, seal integrity checks, and audit trails.
  - Preserve and review body-worn camera footage and lab QA/QC records.
  - Track Brady/Giglio material and disclose promptly.
  - Train personnel on ethics and documentation.

- Civil litigants and businesses
  - Use reliable document management, version control, and digital signatures.
  - Implement eDiscovery protocols that preserve metadata and track handling.
  - Educate employees on litigation holds and accurate recordkeeping.

- Lawyers and witnesses
  - Attorneys must correct false statements and withdraw false evidence promptly (ABA Model Rule 3.3).
  - Witnesses should testify from personal knowledge, review documents carefully, and correct mistakes immediately.

## Summary Checklist

- Know the common forms of false evidence: planted items, forged documents, perjury, manipulated media, and tampered chain of custody.
- Use the rules: FRE 401–403 (relevance), 901–902 (authentication), 1002–1003 (Best Evidence), 702 (expert reliability).
- In criminal cases, rely on constitutional protections: Mapp (suppression), Napue/Giglio (no known false testimony), Franks (challenge warrant affidavits).
- Build proof with native files, metadata, chain-of-custody records, and expert analysis.
- File timely motions: in limine, to suppress, to strike, for Daubert and Franks hearings.
- Seek remedies: exclusion, sanctions, curative instructions, mistrial or new trial, contempt, and referrals for perjury or obstruction.
- Maintain ethical standards: correct falsehoods, disclose required information, and preserve evidence properly.

## Quick Reference

| Concept                        | Authority               | Key Takeaway                                                  |
| ------------------------------ | ----------------------- | ------------------------------------------------------------- |
| Authentication of evidence     | FRE 901–902             | Proponent must prove an item is what it claims to be.         |
| Best Evidence rule             | FRE 1002–1003           | Use originals; duplicates ok unless authenticity is in doubt. |
| False testimony (perjury)      | 18 U.S.C. §§ 1621, 1623 | Lying under oath is a crime; courts can strike testimony.     |
| Use of false evidence by state | Napue; Giglio; Mooney   | Known falsehoods violate due process; may require new trial.  |
| False statements in warrants   | Franks v. Delaware      | Hearing available; proven falsity leads to suppression.       |

False Evidence in U.S. Courts: Definition, Examples, Consequences, and Remedies