TDCAA Community
Rule 104 and Urine

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/180100823

June 15, 2005, 17:01
Martin Peterson
Rule 104 and Urine
I have a nice written description by the manufacturer of a urinalysis test kit regarding the underlying scientific principles on which the test is based and its proven accuracy/reliability. While probably not testimonial hearsay, this statement is surely subject to Rule 802. But, I would like to use it to establish the admissibility of a drug test result administered by a community supervision officer. That testimony will be subject to an objection under Hernandez, 116 S.W.3d 26. Is the statement admissible, despite Rule 802, under Rule 104 (stating that in determining the admissibility of evidence the court is not bound by the rules of evidence)? If so, will anything else be needed to satisfy the Hernandez objection? I would observe that the statement should also qualify under Rule 803(24) as one tending to subject the manufacturer to civil liability if it had not believed it to be true.