The Cop's Expert Opinion on Whether the Defendant is Guilty

This wikilog article is a draft, it was not published yet.

by: Ryan • March 5, 2011 • no comments

Reading that title, what do you think the officer's opinion is going to be?

This actually comes up quite a bit in drug delivery trials. An officer gives his opinion whether or not the defendant is going to deliver the drugs in his possession.

I have written a motion to exclude the officer's inevitable opinion, but I am not attaching it. Defense attorneys who want a copy my contact me at ryan@ryanscottlaw.com. Be forewarned. It was written years ago and badly needs polishing and to be brought up-to-date. But it should get you started.

In addition to the usual analysis (Is it an expert or nonexpert opinion? Does it only rely on things the officer has personally observed?), you may also want to analyze whether the Southard analysis on expert opinions infringing on the role of the jury should be incorporated into your argument.

A related opinion recently came out from the 9th Circuit, which is discussed here.