Tuesday, February 21, 2006

Fourth Circuit Upholds Expert Testimony from Probation Officer on Detectability of Marijuana in Human Body

In an unpublished opinion, the Fourth Circuit has upheld testimony from a probation officer on how long marijuana remains detectable in the human organism. See United States v. Williams, No. 05-4977 (4th Cir. Feb. 17, 2006) (Niemeyer, Michael, & Traxler, JJ.).

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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.