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Name: People v. Salinas
Case #: F049017
Court: US Court of Appeals
District 5 DCA
Opinion Date: 01/12/2007
Subsequent History: Review Granted 3/28/07: S150293
Summary

Laboratory reports and other similar documentary evidence are not testimonial evidence subject to the 6th Amendment right to confrontation because they are not offered as a substitution for live testimony. (Crawford v. Washington (2004) 541 U.S. 36.) In this case, at trial, appellant objected to the admission of a laboratory report providing analysis of five rocks seized from appellant’s pocket as being methamphetamine. The report was prepared by a retired criminalist but offered into evidence by a second, supervising criminalist. The court found that the report was not testimonial as it was admitted only to show recorded test results, unlike a police report with witness statements. In addition to finding that the report was not testimonial, the court determined that even if it was and Crawford did apply, appellant had the opportunity to cross examine the supervising criminalist so as to meet the protection guaranteed by the 6th Amendment.