What is the relevancy and admissibility of evidence for abuse of evidence in a drug case?

MultiRegion, United States of America

The following excerpt is from U.S. v. Sanchez-Lopez, 879 F.2d 541 (9th Cir. 1989):

Appellants contend that the district court admitted irrelevant and highly prejudicial testimony regarding the price of heroin; the purity of the confiscated heroin and cocaine; the presence of a false compartment behind the glove compartment of one of the appellants' cars; and the odor of perfume emanating from one of the cars at the time appellants' were arrested. We review a district court's decision regarding the relevancy and admissibility of evidence for abuse of discretion. United States v. Feldman, 788 F.2d 544, 557 (9th Cir.1986), cert. denied, 479 U.S. 1067, 107 S.Ct. 955, 93 L.Ed.2d 1003 (1987).

Appellants were charged with a conspiracy to distribute cocaine and heroin and with possession with intent to distribute heroin and cocaine. Therefore, the price, quantity and quality of the cocaine and heroin was highly relevant to establish the appellants' knowledge of the presence of the contraband in the car and intent to distribute the contraband. United States v. Costa, 691 F.2d 1358, 1361-62 (11th Cir.1982); United States v. Sheikh, 654 F.2d 1057, 1067 (5th Cir.1981), cert. denied, 455 U.S. 991, 102 S.Ct. 1617, 71 L.Ed.2d 852 (1982); United States v. Kearney, 560 F.2d 1358, 1369 (9th Cir.), cert. denied, 434 U.S. 971, 98 S.Ct. 522, 54 L.Ed.2d 460 (1977).

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