Wednesday, January 19, 2005

D.C. Circuit Upholds Expert Opinion on Modus Operandi of Drug Dealers

The D.C. Circuit has contributed only sparsely to the Daubert jurisprudence, but a panel has now endorsed the admissibility of expert testimony from law enforcement officers on the modus operandi of drug traffickers. See United States v. Miller, No. 04-3033 (D.C. Cir. Jan. 18, 2005) (Ginsburg, Garland, & Williams, JJ.).

posted by pn at 11:28 AM  

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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.