In a decision that has wide-ranging implications for photo enforcement, speeding tickets and driving under the influence of alcohol (DUI) charges, the US Supreme Court yesterday reconfirmed the Sixth Amendment right to confront one's accuser applies to analysts who claim to have certified evidence from a machine. The 5-4 decision concluded that "stand-in" expert witnesses are not a substitute for the individuals who actually conducted the tests. The decision broadens the applicability of the landmark Melendez-Diaz ruling from 2009, which has already led to appellate division cases in four California counties to throw out red light camera evidence.
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Suppose a police report recorded an objective fact -- Bullcoming's counsel posited the address above the front door of a house or the read-out of a radar gun," Justice Ruth Bader Ginsburg wrote for the majority. "
Could an officer other than the one who saw the number on the house or gun present the information in court -- so long as that officer was equipped to testify about any technology the observing officer deployed and the police department's standard operating procedures? As our precedent makes plain, the answer is emphatically 'No.'"
The court majority noted that using a surrogate witness would conceal any lapses or lies on the part of the certifying analyst. It also noted that the burden on the prosecution from the requirement of live testimony could have been cured by having Razatos retest the blood sample, which was preserved in accordance with New Mexico law.
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The decision represented a rare coalition of the most liberal and most conservative members of the court. Ginsburg and President Obama's nominees to the court, Justices Sonia Sotomayor and Elena Kagan, were joined by Justices Antonin Scalia and Clarence Thomas.
http://www.mddriversalliance.org/2011/06/us-supreme-court-upholds-right-to.html