CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Opinion & Scientific Evidence
......Forensic Issues
.........Criminal
............Intoxication; Drugs
9 Cards On This Topic:
  • Because it is not specifically listed in any H&S Code schedule, evidence of MDMA's chemical name, standing alone, is insufficient to prove the material is a controlled substance.
  • No requirement that would condition admissibility of sheriff's forensic lab report re driver's BAC on formal certification or subscription.
  • Forensic blood test report inadmissible where first analyst claimed to have performed it before sample arrived and analyst trainee not supervised during 2d test.
  • Experienced officer may give opinion that D possessed rock cocaine for purposes of sale based on quantity of drug possessed.
  • Officer properly testified that person appeared to be "obviously intoxicated."
  • Police officer with extensive narcotics experience qualified to express opinion as to whether person under influence; medical personnel not required.
  • Layman may give opinion, based upon own observations, as to whether another is intoxicated.
  • Criminalist's use of probability extrapolation to find weight of seized cocaine not new scientific theory and proper for courtroom use.
  • Results of all chemical DUI tests must be sworn under VC 23158.2.