Evidence - Rule 1002 – Best Evidence Rule

United States v. Bennett, 363 F.3d 947 (9th Cir. 2004)

The best evidence rule provides that the original of a writing, recording, or photograph is required to prove the contents thereof. Rule 1002, Fed.R.Evid. Whether the rule applies depends on whether the proponent is attempting to prove the content of the writing, recording or photograph. A tape recording of a conversation is not the best evidence of the conversation if one of the participants testifies. Similarly, a witness may identify a photograph as an accurate depiction of a certain scene, or event that he saw. In this case, however, the government established that the defendant had navigated his boat through international waters (and thus was guilty of importation of drugs) by relying on a GPS system that provided “back-tracking.” But the GPS was not introduced in evidence. An agent simply testified about what the GPS “revealed.” This violated the best evidence rule. The agent did not have independent knowledge of the fact and was relying entirely on the GPS “recording.”