Evidence-Wellborn SU2006 Outline

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Unformatted text preview: S v. MARCANTONI [Admissibility of other evidence of contents when original is not available FRE 1004] Facts: Marcantoni's convicted of armed bank robbery. Before they were charged, Marcantoni consented to a search by Detective Brodesser of his house in Tampa. Detective recorded the serial numbers from the faces of several bills he found but did not seize the bills. Following the search of the residence, the detective found that the serial numbers of some of the bills he had uncovered during the search matched the serial numbers on the Bank's list of the bait money taken in the robbery. Detective was unable to find these bills when he returned with the search warrant Procedural Posture: Government had Detective Brodesser testify that two of the bills seen by Brodesser during his initial search were part of the bait money. Marcontinis' argue that Brodesser's testimony was secondary evidence of the contents of the bills, and could not be admitted because the gov. failed to establish any of the conditions to the admissibility of secondary evidence specified by FRE...
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