united states v carriger

Nonexpert opinion as to the genuineness of handwriting, based upon familiarity not acquired for purposes of the litigation.The Note of the Advisory Committee appended to Rule 901 states, "Authentication and identification represent a special aspect of relevancy." By way of illustration only, and not by way of limitation, the following are examples of authentication or identification conforming with the requirements of this rule:(1) Testimony of witness with knowledge. Testimony that a matter is what it is claimed to be. United States v. Kahriger, 345 U.S. 22 (1953), was a United States Supreme Court ruling that held certain provisions of the Revenue Act of 1951 were constitutional, in particular sections related to an occupational tax on persons involved in gambling. . 28 U.S.C.A., Federal Rules of Evidence (1975), following Rule 902 at 733. :Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:(9) Commercial paper and related documents. Rule 901(b) (1), Supra. Any person who shall break and enter, or shall enter without breaking, any dwelling, house, tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, boat, ship, railroad car or structure used or kept for public or private use, or any private apartment therein, or any cottage, clubhouse, boat house, hunting or fishing lodge, garage or the out-buildings belonging thereto, or any other structure, whether occupied or unoccupied, without first obtaining permission to enter from the owner or occupant, agent, or person having immediate control thereof, shall be guilty of a misdemeanor: Provided, That this section shall not apply to entering without breaking, any place which at the time of such entry was open to the public, unless such entry has been expressly denied.This section shall not apply in cases where the breaking and entering or entering without breaking were committed by a peace officer or some one under his direction in the lawful performance of his duties as such peace officer.Since the building door was normally locked and could only be opened by a key or buzzer, the building was not open to the public, and the agent's entry into the building would amount to a criminal trespass under Michigan law. However, within a few minutes several workmen walked out through the door where Turner was standing, and, before the door closed again, Turner slipped into the building, without permission, and began to search for Beasley.Unable to locate Beasley immediately, Turner used his portable radio to tell his superiors that he was in the building but had been unable to find Beasley. The court held that the peaceable entry, although perhaps a technical trespass, did not vitiate the surveillance evidence tending to establish probable cause. This comment ties Rule 901 to Rule 104(b), Fed.R.Ev., which deals with the admission of evidence where relevancy depends upon fulfillment of a condition of fact.The government argues that exclusion of the notes from evidence was proper because defendant failed to present testimony of a witness with knowledge "that a matter is what it is claimed to be." 153 (1948). Describing the transaction the witness said, " . (citation omitted). One note, for $10,000, was dated March 2, 1970; the other for $14,000, was dated September 10, 1970. Agent Turner was stationed at the apartment building and observed Beasley carrying an empty green shopping bag as he approached the entrance door to the apartment building. § 878(3), such an arrest should be subjected to closer scrutiny than are arrests authorized by warrants issued after the exercise of the sound judgment of an impartial magistrate. Agents stationed at Beasley's home watched him leave in his car at approximately 10:10. D.A.R.

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