People v. Rios
Annotate this CaseThe California Court of Appeal held that evidence from a TruNarc laser narcotics identification test was improperly admitted at trial because the prosecution failed to establish its reliability under the Kelly rule. The Kelly rule requires that expert testimony based on a new scientific technique must be shown to be generally accepted in the relevant scientific community, that the expert testifying about the technique is qualified, and that correct scientific procedures were used in the test. The court found that the TruNarc test, which uses a laser to identify substances, was a new scientific technique and that the prosecution did not demonstrate its general acceptance or reliability. Consequently, it was error to admit testimony about the TruNarc test at trial. However, the court also held that this error was not prejudicial in relation to the defendant's two methamphetamine convictions because there was other compelling evidence supporting those convictions. It concluded, though, that the error was prejudicial with respect to the defendant's conviction for simple possession of carisoprodol (a muscle relaxant), because the officer's identification of the pills as carisoprodol was less certain and partly based on an unverified public website. As a result, the court reversed the carisoprodol conviction but affirmed the methamphetamine convictions.
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