- Ref # CAB00212
- June 18, 2023
From the Classroom: The Opinion Evidence Rule and its Role in Criminal Investigations (Part I of II)
From the Classroom: The Opinion Evidence Rule and Criminal Investigations – Part I
By Ray Hill
Professor Emeritus, Santa Rosa Junior College
This is the tenth in a series of bulletins covering the California Evidence Code and criminal investigations. The next two articles will cover the Opinion Evidence Rule as it relates to an officer, deputy or investigator giving testimony in court (140 E.C.).
What is the Opinion Evidence Rule
The Opinion Evidence Rule permits a lay witness (non-expert) to give an opinion during testimony when (800 E.C.):
1) The testimony is rationally based upon the personal knowledge of the witness;
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