In a 2018 case, a defendant moved to exclude the expert testimony of a police procedures expert based on a police report.
U.S. District Judge Kimberly J. Mueller wrote in her opinion that under Rule 703, an expert may base an opinion on facts or data, regardless of admissibility, that are reasonably relied upon by experts in his or her field. The “trial court not only has broad latitude in determining whether an expert’s testimony is reliable, but also in deciding how to determine the testimony’s reliability,” the judge noted, citing a Ninth Circuit case from 2004 (emphasis in original). Once reliability is satisfied, the next issue is whether the probative value of the underlying data substantially outweighs its prejudicial effect.
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