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Originally posted by AURaptor:
What is it w/ you and traffic court?

Seriously. I've never seen anyone have such a stick up their arse over something so banal and trivial.

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Rule 602. Lack of personal knowledge. —A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the witness's own testimony. This rule is subject to the provisions of Rule 703 relating to opinion testimony by expert witnesses.

Advisory Commission Comments. Basic to relevancy concepts is that a witness must know about the subject matter of testimony. This is the familiar requirement of first-hand knowledge.

http://www.tsc.state.tn.us/opinions/TSC/RULES/TNRulesOfCourt/01evid.ht
m#602

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Originally posted by piratenews:
Always demand a copy of the cop's notes before the cop testilies in court, as part of normal discovery. Some judges will only allow that discovery within 5 minutes of the cop's testimony in court. The cop is never allowed to read from his notes, and is only allowed to testify based on his actual memory (which no cop is capable of doing, due to suing 1,000s of tickets, aka armed robberies). This rule is named in the state/fed Rules of Evidence.

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Defense: "Objection, Your Honor, lack of personal knowledge.

Judge: Sustained.

Cop: But I can't remember without my notes.

Defense: Your Honor, I move to strike all testimony by this incompetent witness.

Judge: Motion granted.

Defense: I move to dismiss for failure to prosecute.

Judge: Motion granted. Case dismissed! Costs paid by the State.

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Originally posted by mincingbeast:
Generally, if a proper foundation is laid, any writing whatsoever may be used to revive a present recollection. Ths rule is not inconsistent with FRE 602, which is really more about lay/expert opinion. Officers get to use their notes all the time, in traffic court and elsewhere. Example:

DA: Did the defendant say anything to you after you arrested him on suspcion of piracy?
OFFICER: Yes.
DA: What did he say?
OFFICER: Uhm...I can't recall the exact words...
DA: Would looking at your police report refresh your recollection?
DEFENSE: Objection! Lack of personal knowledge!
JUDGE: Overruled. You may proceed.
DEFENSE: But he lacks personal knowledge! The fact that he cannot remember what happened 6 months before means that his testimony is worthless!
JUDGE: STFU NOOB! Overruled!
DA: May I approach the witness?
JUDGE: Yes.
DA: Do you reognize what I'm showing you?
OFFICER: Yes.
DA: How do you recognize it?
OFFICER: Uhm, its a report, that I signed and dated.
DA: Please read it...Ok, and what did the defendant say after you arrested him for piracy?
OFFICER: He said "Arrr matey."

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