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White Collar Defense & Compliance Developments in Criminal Law, Federal Case Law and Statutory Developments

Tag Archives: business records

Pharmacy Drug-Purchase Logs Admissible Through Police Officer Without Violating Confrontation Clause Because They Are Non-Testimonial Business Records

Posted in Constitutional law

Even though pharmacies kept logs identifying purchases of pseudoephedrine — widely used in illegal methamphetamine production — solely to comply with federal law mandating the recordation of the infomation for law enforcement purposes, those logs were held by the Fifth Circuit to be genuine business records, and so admissible at the instigation of the government without observance of Confrontation Clause safeguards.

Ninth Circuit Holds That Foreign Records Certificate Of Authentication May Be Admitted Without Violating Confrontation Clause

Posted in Constitutional law

In United States v. Anekwu, the Ninth Circuit, in a case of first impression, holds that certificates of authentication of foreign public and business records are not testimonial in nature and therefore may be admitted into evidence by means of an affidavit, and without in-person witness testimony, without violating a defendant’s rights under the U.S. Constitution’s Sixth Amendment Confrontation Clause.