What is the test for admitting uncharged conduct evidence to explain why the police had been following defendant?

California, United States of America


The following excerpt is from People v. Vercher, C074122 (Cal. App. 2016):

Only relevant evidence is admissible. (Evid. Code, 350.) " 'Relevant evidence' means evidence, including evidence relevant to the credibility of a witness or hearsay declarant, having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action." (Evid. Code, 210.) The reasonableness of the determination by law enforcement officials to follow defendant is irrelevant to any disputed issue in the trial. (People v. Lucero (1998) 64 Cal.App.4th 1107, 1109-1110 [it is error to admit evidence that a witness told the testifying officer the robber left a particular shoeprint for the purpose of explaining why the officer lifted that shoe print where the good faith or reasonableness of the officer's conduct had no tendency in reason to prove any disputed issue of fact in the action].) The prosecutor argued it was important for the jury to know why the police were watching defendant because, without the uncharged conduct evidence, the jury may believe defendant was a "law abiding citizen who has become inexplicably the focus of all this police attention" and the jury might "speculate about race and maybe the Redding police are focusing on him because he's African-America[n]." But defendant did not claim the police were acting in bad faith in following defendant. Accordingly, it was error for the trial court

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to admit the uncharged conduct evidence for the purpose of explaining why the police had defendant under surveillance.

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