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FEDERAL DISTRICT · 201005 / 55

United States v. Cameron

United States v. Cameron, 729 F. Supp. 2d 411 (2010). Decided in D. Me..

COURT
D. Me.
DECIDED
2010
CITATION
729 F. Supp. 2d 411
OUTCOME
Admitted in part
STANDARD
Daubert / Rule 702
CITED BY
0 later opinions (CourtListener)
THE HOLDING

A police detective was permitted to testify as a computer forensic expert on the matters set out in the government's notice of intent, and the defendant's motions in limine were dismissed without prejudice. The permission rested expressly on the government's representations about what it would not ask.

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READ THE OPINIONUnited States v. Cameron, 729 F. Supp. 2d 411

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The court’s reasoning

The court took the government at its word that the detective would not be asked whether an image was child pornography, what the defendant knew, or what he intended when he saved files, and said it would hold the government to those representations at trial. On that basis the proffered testimony — including what path information is and what could be determined forensically from it — was relevant testimony that would assist the trier of fact under Rule 702 and would not offend Rule 704. Because the case was tried jury-waived, the risk of unfair prejudice was reduced, and the court preferred to rule on question-specific objections in an evidentiary context.

From the opinion

Detective Bradeen may testify as a computer forensic expert in the area of child pornography to those matters set forth in the Government's Notice of Intent.

United States v. Cameron, 729 F. Supp. 2d 411 (2010)

Grounds argued

This ruling turned on 3 of the eight arguments that recur across the docket. Each is defined the same way on every entry, so the same ground can be followed across rulings that reached opposite results.

Scope creep
Whether the examiner stayed inside the technical question and out of intent, credibility, and legal conclusions. It is the most avoidable ground on this list and one of the most common.
Fit to the issue
Whether the opinion helps decide a fact actually in issue. Testimony can be entirely reliable and still be excluded because it answers a question the case does not ask.
Qualifications
Whether this witness — by training, certification, or documented casework — is competent to give this opinion. Courts routinely admit examiners qualified by experience alone, and routinely narrow them when the opinion strays past the experience they described.

Practice note

Terms used on this page

Every term below is defined in the forensic glossary — what it is, why a case turns on it, and what happens in the matter when it is mishandled.

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ON SCOPE CREEP

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