What is the test for using testimony from a police community support officer (PCSO) in a sexual assault case?

California, United States of America


The following excerpt is from People v. Mixon, 129 Cal.App.3d 118, 180 Cal.Rptr. 772 (Cal. App. 1982):

The final step is to determine whether the prejudice attending use of such testimony outweighed its probative value. As noted previously, there is a danger that when law enforcement officers testify about the bases of their acquaintance with defendant's appearance, defendant could be presented as subject to a degree of police scrutiny. The [129 Cal.App.3d 133] danger of prejudice is dissipated, however, where foundational facts supporting the officers' knowledge are established outside the jury's presence. (United States v. Butcher, supra, 557 F.2d 666, 670.)

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