What is the test for admitting or denying evidence of dangerous weapons found in the possession of a defendant?

MultiRegion, United States of America

The following excerpt is from U.S. v. Velasco, 38 F.3d 1219 (9th Cir. 1994):

"Where ... evidence is of very slight (if any) probative value, it's an abuse of discretion to admit it if there's even a modest likelihood of unfair prejudice or a small risk of misleading the jury." United States v. Hitt, 981 F.2d 422, 424 (9th Cir.1992). "Testimony concerning dangerous weapons found in the possession of a 'person charged with a crime, no part of which depends upon the use or ownership of the weapon[s], has consistently been regarded as prejudicial error.' " United States v. Green, 648 F.2d 587, 595 (9th Cir.1981) (per curiam) (quoting United States v. Reid, 410 F.2d 1223, 1226-27 (7th Cir.1969)).

Other Questions


Can a defendant be convicted of possession of an assault weapon if they were convicted of the crime even though they did not know that the weapon was converted to an automatic weapon? (MultiRegion, United States of America)
What is the test for admitting evidence of a defendant's possession of hydriotic acid with intent to manufacture methamphetamine? (MultiRegion, United States of America)
Can a defendant be found guilty of aiding and abetting possession rather than the possession itself? (MultiRegion, United States of America)
What is the probative value of the evidence in a claim that the exclusion of evidence denied a defendant his due process rights? (MultiRegion, United States of America)
Does section 924(c)(1) of the Criminal Code of the United States violate the Double Jeopardy Clause of the US Constitution by imposing cumulative punishment on a defendant convicted of a charge of using a deadly weapon or dangerous weapon or device? (MultiRegion, United States of America)
What is the effect of admitting that a co-defendant admitted that appellant owned the vehicle in which contraband was found? (MultiRegion, United States of America)
In what circumstances will a defendant be found guilty of possession of Class A drugs by reason of joint occupancy of the home where heroin was found in the garage? (MultiRegion, United States of America)
Does a defendant have standing to seek suppression of evidence seized from a defendant charged with possession of stolen goods? (MultiRegion, United States of America)
In what circumstances will a defendant not only be convicted but convicted of drug possession, but of possessing and possessing heroin, not having any authority or control of the drugs? (MultiRegion, United States of America)
When a search warrant is used to search for evidence of drug dealing, can a defendant deny giving evidence that incriminating statements were made during the search? ("New York", United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.