The prosecution wants to make sure the process by which the evidence was obtained is not truthfully presented, because, as often as not, that process will raise questions.

The defendant wants to hide the truth because he's generally guilty. The defense attorney's job is to make sure the jury does not arrive at that truth.

The materials sought were not critical to the prosecution case and could just as well be obtained in an orderly fashion by noticed motion.

Juries are not computers. They are composed of human beings who evaluate evidence differently.

We are looking at whether or not a formal instruction that bars the prosecution from offering this type of evidence is necessary.

On television and in the movies, crimes are always solved. Nothing is left uncertain. By the end, the viewer knows whodunit. In real life, on the other hand, many murders remain unsolved, and even some that are 'solved' to the satisfaction of the police and prosecutors lack sufficient evidence to result in a conviction.