January 21, 2011, 14:57
Matt HeermansGood predicate for a police officer entering marijuana?
Is there anything special, other than the typical authentication, i.e. recognition, same or similar condition, alteration, etc? for a trooper entering pot into evidence? I've subpoenaed the analyst who isn't the original analyst, but has reviewed the report - so, I need to be prepped to enter the pot through the trooper in case D atty makes a crawford objection to the non-testing analyst. I'm also thinking I may get the pot in through the officer, that way we can talk about it twice.
Thanks!
January 21, 2011, 22:10
GretchenYou do not need an expert to introduce the pot. The officer can testify based on his training and experience that he recognizes it.
January 23, 2011, 09:39
JBAnyone ever had the officer light up the evidence during trial, in response to any defense objections that the officer was not qualified to say it was marihuana? Nothing like the pungent odor of MJ floating through the courtroom to convince a jury.
January 27, 2011, 15:27
Matt HeermansThanks. I introduced the pot through the officer. D atty kept objecting as to the officer's ability to recognize marijuana and testify as to what it was. Over and over and over again. The judge sustained some of the objections. It was stupid, but it got done anyway.
The lighting idea is great.
January 27, 2011, 16:03
JBOr, just teach the officer to sing his predicate:
Details.