United States v. Foster
United States Court of Appeals for the District of Columbia Circuit
986 F.2d 541 (1993)
- Written by Sean Carroll, JD
Facts
James Foster (defendant) was charged with possession of crack cocaine with intent to distribute. At trial, Thomas Clark, a U.S. Park Police sergeant, identified Foster as the perpetrator. Clark testified that he had been monitoring a parking lot known for drug activity from about 150 yards away. Clark testified that he saw, through binoculars, what appeared to be a drug deal in a car in the parking lot. Clark later identified Foster as the person selling the drugs in the car. Clark described Foster through his radio, and another officer arrested Foster. The arresting officer found $311 on Foster’s person. Another officer found the bag that was involved in the exchange, which contained 51 packets of crack cocaine. On cross-examination, Foster’s attorney asked Clark if he was also able to see the features of the other person in the car. The court sustained the objection of the prosecution (plaintiff) based on relevance. Foster’s attorney also asked if Clark had radioed the description of the other person in the car, in addition to the description of Foster. The court again sustained the prosecution’s objection based on relevance. Foster was convicted, and he appealed.
Rule of Law
Issue
Holding and Reasoning (Randolph, J.)
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