support@bluetogold.com
or use our live chat
888-579-7796
Customer Service
or use our live chat
Customer Service
RESEARCH
The government tried the defendant for distributing a controlled substance. At trial, the government placed into evidence bags seized during the arrest, and three โcertificates of analysisโ demonstrating the results of a forensic analysis performed on the contents. The certificates, sworn to before a notary public, described the weight and stated that the bags contained a substance found to be cocaine. These certificates were by analysts at the government laboratory.
Whether the certificates were โtestimonialโ evidence, requiring the analysts to testify subject to cross examination?
Yes. These notarized certificates are affidavits, which were created by the government to establish a fact at trial, are testimonial in nature and are subject to the Confrontation Clause.
The Court relied on its decision in Crawford v. Washington, 541 U.S. 36 (2004) in affirming that the Sixth Amendment Confrontation Clause, at a minimum, โguarantees a defendant’s right to confront those “who โbear testimonyโ against him.โ The Court found that โ[T]here is little doubt that the documents at issue in this case fall within the โcore class of testimonial statementsโโฆโ As affidavits, such as these here, that are created to establish evidence in a criminal proceeding are โtestimonial,โ their submission alone, absent some other rule or standard of law, fails to meet the Sixth Amendment standard. The Sixth Amendment โcommands, not that evidence be reliable, but that reliability be assessed in a particular manner: by testing in the crucible of cross-examinationโฆ (citing Crawford).โ
557 U.S. 305, 129 S. Ct. 2527 (2009)
ยฉ Blue to Gold, LLC. All rights reserved