Friday, August 12, 2011

Seventh Circuit -- USA v. Kenneth Gaytan

USA v. Kenneth Gaytan

 Where the drug buy happens inside a car - outside of video surveillance but within audio surveillance - gov't does not have to call CI who made the buy to establish sufficient evidence.

No confrontation clause issue on taped statements of CI, as although testimonial, they weren't in for the truth of the matter asserted.

No Old Chief-type  error in agents testifying to events inside the car as opposed to the CI doing so.

Possible inadmissible expert testimony by agent translating drug argot harmless error.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.