Does the testimony of an off-duty police officer who observed that appellant was maneuvering with his feet that he was trying to conceal the contraband, or is it imprecise and ambiguous?
California, United States of America
The following excerpt is from People v. Glass, 118 Cal.Rptr. 797, 44 Cal.App.3d 772 (Cal. App. 1975):
The testimony that 'he was maneuvering with his feet' is also imprecise and ambiguous. In the absence of a more precise description of the movement involved, it would be pure speculation to deduce that the officer by that testimony intended to convey the notion that appellant was attempting to conceal the contraband. 2
THE ALLEGED GRIFFIN ERROR (GRIFFIN v. CALIFORNIA (1965) 380 U.S. 609 (85 S.Ct. 1229)).
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