Say I'm married and I snoop into my spouse's personal belongings and discover some kind of evidence that, if it would be admissible, would prove beyond reasonable doubt that my church marriage is void or voidable, that is for a church annulment and not church divorce (so no Pauline privilege, Petrine privilege, etc).
To clarify: I know what annulment is. In this example, the marriage is definitely invalid. The evidence points to behaviour that points to doubt on the intention or capacity to enter into marriage, and would do so beyond reasonable doubt. The evidence is not about subsequent behaviour and doesn't have to be a document.
If relevant, let's include the assumption that the the state marriage is void or voidable, but please state why the assumption is relevant.
Would the church consider the evidence inadmissible because it violates the church's equivalent of the US fourth amendment?
In general, how would one get an ecclesiastical warrant?
- Would one need to get a civil warrant as well?
Or is there no such case where one obtains an ecclesiastical warrant but not a civil warrant?
I have a feeling we have to go by civil law here unless the law is unjust such as in North Korea or something. I mean, the couple's/respondent's/petitioner's living in a certain area and so their/h expectations of privacy would depend on the state laws.
But in the case a petitioner would seek a church annulment and not a state divorce and not a state annulment (is that possible? See my other question please), would the church have to consult a state attorney?
I was thinking about Antarctica or Mars as in my other question, but the point is that your expectations of privacy depend on your location, if not your state laws or lack thereof. Thus, the evaluation of evidence admission is based on such expectations. So, if you were in a Russian spaceship on Mars, then your privacy may be governed by Russian laws. And if you went on vacation to some ungoverned territory say another solar system or even time travelling to another time, there would be some expectations of privacy between humans. I guess this is where natural law may come in or something.