¶ … exhibit at issue is the testimony of the police officer. A police officer testified that he recovered $350.00 in the apartment. The cash was in a closet, and was accompanied by a toy gun that closely resembled a handgun.
Relevant factors:
Police found $350 in cash in mixed bills and a toy gun which closely resembled a real handgun. A reasonable person would not have cash and a handgun in his closet.
The cashier could hear the robber taking money from the cash register, but could not see what the robber did. The cashier believed that $500 had been taken from the register.
It is not possible to prove with certainty that the recovered bills were from the bills actually taken in the robbery, but the mix of denominations in the seized bills was consistent with what had been in the cash register, according to the cashier.
Under the Federal Rules of Evidence, admissible evidence is evidence that can be legally and properly introduced in a civil or criminal trial, which is intended to convince the judge and/or jury of alleged facts material to the case. It can include oral testimony of witnesses. The basic prerequisites of admissibility are relevance, materiality, and competence. Evidence is relevant when it has any tendency in reason to make the fact that it is offered to prove or disprove either more or less probable. Evid. Code § 210; Fed. Rules Evid. 401.
Testimonial evidence is the most basic form of evidence and the only kind that does not usually require another form of evidence as a prerequisite...
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