Saturday, January 15, 2005

Second Circuit Reiterates Caveat on "Drug Code" Testimony

In an unpublished disposition, the Second Circuit has again emphasized that law enforcement agents testifying as experts on "drug code" overstep their charter when they offer interpretations of language that manifestly does not involve drug jargon. See United States v. Londono-Tabarez, No. 02-1558 (2d Cir. Jan. 12, 2005) (Kearse, Calabresi, & Rakoff, JJ.).

posted by pn at 5:52 PM  

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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.