1st Circuit Says Law Enforcement Officer's Testimony on Modus Operandi of Drug Dealers Is Lay Opinion

Last week, the First Circuit held that testimony from an arresting officer on the modus operandi of drug dealers should be treated as lay opinion, not expert testimony -- at least where the testimony is grounded in the officer's own law enforcement experience. The ruling, which departs from the general pattern prevailing in other circuits, would imply that such modus operandi testimony is not subject, within the First Circuit, to the pretrial discovery requirements applicable to expert evidence. See United States v. Ayala-Pizarro, No. 04-1038 (1st Cir. May 12, 2005) (Torruella, Lynch, & Lipez, JJ.).