ZDNet: Printer Friendly - Search engines take the stand:
"Fifteen years after his trial, a convicted drug dealer in New York state belatedly got a chance to clear his name--thanks in part to an Internet search.

A federal judge last November threw out Manuel Rodriguez's conviction and granted him a new trial after discovering evidence of potential jury tampering in a review of court records and queries on Web search engine Google. U.S. Magistrate Judge Frank Maas said that his review of the 1988 court transcript, coupled with looking up jurors' names in Google, had revealed that the assistant district attorney had 'improperly' removed Hispanics.… "

Some judges call Web search a crucial research tool, but critics of the trend are warning that searches on Google and its rivals are no substitute for the painstaking process of evidence and testimony.

"A Google search that I conducted" suggested that a removed juror had "a Hispanic name," Maas wrote in the court decision overturning the conviction.

Rodriguez finished his sentence before his new trial could take place. But his case nevertheless offers a striking illustration of the growing clout of Internet search engines among the judiciary--a controversial trend that's so far garnered little attention outside legal circles.

In the United States and abroad, judges are turning to search engines such as Google to check facts, to look up information about companies embroiled in litigation, and to challenge statistics presented by attorneys in court. Dozens of judges have penned opinions describing Google as a valuable--and sometimes crucial--source of knowledge.

To be sure, Google has no monopoly in the legal system. Yahoo's search engine popped up in the landmark Napster copyright case four years ago, and Oregon police tried to track a criminal defendant accused of firearm violations through Yahoo searches. When AltaVista was in its heyday, it also was mentioned in a handful of cases.

But in the last few years, Google appears to have become the courts' favorite search engine. The Mountain View, Calif.-based company--which announced its plans for an initial public offering last month--accounts for 41 percent of U.S. search referrals, according to statistics compiled by research company WebSideStory.

In one case in Ohio, a judge who ordered a mother not to smoke near her 8-year-old daughter cited medical journals and a Google search that lists 60,000-plus links for "secondhand smoke" and 30,000-plus links for "secondhand smoke children." In addition, the California Supreme Court has Googled for evidence showing that stun belts, which jolt prisoners with 50,000-volt electric shocks, can be harmful and should not have been used in a criminal trial. And an enterprising federal judge in New York did his own Google search to demonstrate that a watch, jeans and handbag retailer named Alfredo Versace was infringing the trademarks of the famous Gianni Versace design house.

Some legal experts warn that Google searches are no substitute for the painstaking process of evidence and testimony. "If a judge is taking as proof facts that are reported in any public medium that pertain to individual actions by persons involved in a case, that is troubling," said George Fisher, a Stanford University law professor. "Those are the sorts of facts that are supposed to be proved in the courtroom under the rules of evidence.…"

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