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Plaintiff permitted expert to testify to defendant officers' violation of "The Law Enforcement Code of Ethics"

By John Wesley Hall, Jr.

In a civil case, the plaintiff was tenatively permitted to call an expert witness to testify that the execution of a search warrant violated "The Law Enforcement Code of Ethics." Cvicker v. Meyer, 2008 U.S. Dist. LEXIS 27397 (E.D. Wis. April 4, 2008): Contrary to Meyer's assertion, Waller is not merely reciting Krueger's declaration, but rather is opining whether Meyer's alleged conduct was in violation of "The Law Enforcement Code of Ethics." Waller need not be a firsthand witness to offer this opinion. See Daubert, 509 U.S. at 591 ("an expert is permitted wide latitude to offer opinions, including those that are not based on firsthand knowledge or observation."). Waller has personal knowledge of the code of ethics, and can provide his opinion regarding the applicability of the code of ethics using the facts as they were provided to him...continue to full post

Full post as published by Fourth Amendment on April 08, 2008 (boomark / email).