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"Best Evidence" Explained

By Jonathan Byrne

US v. Smith: Smith was charged with (among other things) being a felon in possession of firearms and possessing firearms in connection with a drug trafficking offense. At trial, the Government presented testimony from an ATF agent who explained that all the firearms were manufactured out of state (and therefore traveled in interstate commerce), based upon his review of ATF databases and written reference materials. Smith objected to that testimony, arguing that without entering the materials upon which the agent relied into evidence, allowing his testimony violated the best evidence rule of FRE 1002. The district court disagreed and allowed the testimony. Smith was convicted and sentenced to 197 months in prison.On appeal, the Fourth Circuit affirmed Smith's conviction...continue to full post

Full post as published by Fourth Circuit Blog on June 03, 2009 (boomark / email).