Thursday, May 11, 2006

Modus Operandi Testimony: It's Not Just on Drug Dealers Anymore

The Eighth Circuit has published an opinion upholding a law enforcement officer's expert testimony on the modus operandi of illegal gambling operations. See United States v. Anderson, No. 05-3289 (8th Cir. May 10, 2006) (Colloton, Heaney, & Gruender, JJ.).

posted by pn at 4:28 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.