Is evidence of weapons not actually used in the commission of a crime admissible?

California, United States of America


The following excerpt is from People v. Banks, C077034 (Cal. App. 2018):

However, evidence of weapons not actually used in the commission of a crime may be admissible when they are relevant for other purposes. (People v. Cox, supra, 30 Cal.4th at p. 956 [when weapons are otherwise relevant to the crime's commission, but are not the actual murder weapon, they may still be admissible].) The critical inquiry is whether the weapons evidence bears some relevance to the weapons shown to have been involved in the charged crimes, or is being admitted simply as character evidence.

Page 30

(People v. Barnwell, supra, 41 Cal.4th at pp. 1056-1057; People v. Prince (2007) 40 Cal.4th 1179, 1248-1249.)

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