Brief filed: 02/07/2020
Lugo v. United States
United States Supreme Court; Case No. 19-855
Decision below 786 Fed. App’x 766 (11th Cir. Oct. 8, 2019)
Law enforcement officers testifying on matters based on their professional experience or training should be treated as expert witnesses under Federal Rule of Evidence 702, rather than Rule 701. Law enforcement officers have scientific, technical, or specialized knowledge within the scope of Rule 702. There is an intractable Circuit split on this issue and the Supreme Court should grant certiorari. The question presented arises in a wide variety of cases. Permitting law enforcement officers to furnish lay opinion testimony leads to unfair applications, including law enforcement officers being allowed to offer opinions no other lay witness would be permitted to give.
Benjamin B. Klubes, Veena Viswanatha, Lauren R. Randell, Timothy Coley, Michael Morrill, James Chou, Buckley LLP, Washington, DC; Jeffrey T. Green, NACDL, Washington, DC.