Monday, September 01, 2003

Third Circuit Upholds Testimony re Drug Jargon

In an unpublished opinion issued Thursday, the Third Circuit upheld the admissibility of a narcotics agent's testimony that certain language used in defendants' recorded telephone conversations was drug jargon. This is, of course, the usual result. The surprising thing is that the Court of Appeals characterized it as a "close question" whether the testimony was helpful to the trier of fact. More searching inquiry was apparently unnecessary, because any error was held to be harmless.

Laudably, the Third Circuit makes even its nonprecedential decisions available on the internet. See United States v. Bennett, No. 01-3412 (3d Cir. Aug. 29, 2003) (Scirica, Rendell, & Ambro, JJ.).
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.