Sunday, March 20, 2005

Law Enforcement Testimony on Drug Dealer Practices Is Expert Evidence, Not Lay Opinion, Says MD Appellate Court

It is fairly well settled, in federal court, that testimony from law enforcement officers about the modus operandi of drug dealers is evaluated as expert testimony, founded on their training and experience -- not as lay opinion. The distinction matters largely because the pretrial disclosure requirements are more stringent for expert testimony, in criminal cases, than for lay opinion evidence.

Maryland's high court has now adopted the same view. See Ragland v. State, No. 52 (Md. Ct. App. Mar. 18, 2005).

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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.