In what circumstances will a court admit or deny testimony from a police officer that a defendant's shaking his head from side to side means that he had been asked if he had any more narcotics?

California, United States of America


The following excerpt is from People v. Harvey, 233 Cal.App.3d 1206, 285 Cal.Rptr. 158 (Cal. App. 1991):

In People v. Hernandez (1977) 70 Cal.App.3d 271, 138 Cal.Rptr. 675 the court found an abuse of discretion by the trial court in admitting testimony regarding a police officer's opinion that defendant's shaking his head from side to side meant that he had been asked if he had any more narcotics and had responded that he did not. (Id. at pp. 274-275, 138 Cal.Rptr. 675.) The court held the officer's expertise did not add any probative value to the evidence, which the jury was quite capable of analyzing for itself. (Id.)

Other Questions


Can a defendant who claims self-defense to a charge of battery upon a police officer, who is also charged with battery upon the officer, obtain materials from the police department concerning the propensity for violence against the officer? (California, United States of America)
In what circumstances will a court order a search of electronic equipment for a defendant convicted of criminal threats and resisting a police officer? (California, United States of America)
Does the admission of a tape recording of a defendant's phone conversation with a police officer and the testimony of Officer Simonds violate his Sixth Amendment rights? (California, United States of America)
Can a defendant who shot an off-duty police officer in the head with a single shot, get out of his car, get into his car and shoot the officer as the officer is approaching? (California, United States of America)
In what circumstances would the defense in a civil case have to call at least two police officers, the officer who was involved in a chase and the officer involved in the chase, and the person who was arrested for shots being fired from his car? (California, United States of America)
In what circumstances have courts allowed defense counsel to elicit opinion testimony from the police officer who investigated a rape allegation? (California, United States of America)
What is the test for admitting an admission of a statement to a police officer that he would kill the first police officer to step inside his cell if he was not permitted to visit with his wife? (California, United States of America)
What is the effect of defendant's objection to a police officer's testimony that the officer had conducted a live lineup? (California, United States of America)
In what circumstances will a defendant be detained by a police officer if the officer's actions are very intimidating to a reasonable person? (California, United States of America)
In what circumstances will the court reject a defendant's claim of an implied promise of leniency in statements from police officers that they were there to listen and then to help you out? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.