United States v. Bennett
United States Court of Appeals for the Ninth Circuit
363 F.3d 947 (9th Cir. 2004)
Relevant factsFree
During a search of Bennett's (defendant's) boat, a customs officer found a GPS device and later testified at trial that its display showed the boat had just traveled from Mexico, but the device itself was never introduced into evidence, and the officer had not personally observed the boat's actual travel route or taken any photographs or records of the display; Bennett was convicted of drug importation and appealed, arguing this testimony violated the best-evidence rule.
IssueFree
Whether, under the best-evidence rule, a witness may testify to the contents of a writing or recording if the original is not produced and the witness did not observe the events described.