Q: Can a federal law enforcement officer swear to the personal knowledge and observations of another lawenforcement officer
Meaning would this be in violation of the federal rules of evidence rule 803 (8)(c)? Note that I'm speaking of a written affidavit as the basis for probable cause to file a complaint in a district court for purposes of a later INDICTMENT. Is this legal?
A:
If this did not involve a marine incident resulting in vessel boarding by U.S. Coast Guard and Department of Justice personnel following a grounding, cargo spill, fuel oil spill, allision, injury, or other marine casualty requiring completion of a form CG-2692 for incident reporting or drug testing of bridge officers or other vessel personnel, (or other report(s) made pursuant to a vessel boarding by authorities), it appears to be a straight up criminal law matter regarding the Federal Rules of Evidence. The additional categories may have obscured the central criminal law/evidence law issue. That may be why it remained open for five weeks. You could try reposting question under the Criminal Law heading. There's no guarantee, but it might possibly have better chances of being picked up without all the other categories. Good luck
Tim Akpinar
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