United States v. Diaz-Lopez
625 F.3d 1198 (2010)
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Rule of Law:
Testimony that a search of a computer database revealed no record of a designated matter is not subject to the Best Evidence Rule (Federal Rule of Evidence 1002). The rule, which requires the production of an original to prove its content, does not apply when evidence is offered to prove the absence of a record.
Facts:
- Luis Diaz-Lopez ('Diaz') is a citizen of Mexico.
- Diaz had been previously removed from the United States.
- To re-enter the country legally, Diaz was required to file a Form I-212 to seek permission to reapply for admission.
- On February 13, 2009, a U.S. Border Patrol agent found and arrested Diaz on a road in California, north of the United States-Mexico border.
- A subsequent search of the Computer Linked Application Information Management System (CLAIMS) database was conducted to see if Diaz had filed the required Form I-212.
Procedural Posture:
- The United States government charged Diaz in the U.S. District Court (a federal trial court) with being a removed alien found in the United States.
- At a bench trial, the government introduced testimony from a Border Patrol agent that a search of the CLAIMS database showed Diaz had not filed for permission to return.
- The district court admitted the agent's testimony over Diaz's objections based on lack of foundation and the best evidence rule.
- The district court found Diaz guilty and imposed a sentence.
- Diaz, as appellant, appealed his conviction to the United States Court of Appeals for the Ninth Circuit, arguing the district court erred in admitting the testimony. The United States is the appellee.
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Issue:
Does oral testimony that a search of a computer database revealed the absence of a specific record violate the Best Evidence Rule, codified in Federal Rule of Evidence 1002, when an original printout of the search results is not produced?
Opinions:
Majority - Gould, Circuit Judge
No, testimony that a search of a computer database revealed no record of a matter does not violate the Best Evidence Rule. The court held that Federal Rule of Evidence 1002 is inapplicable when testimony is used to prove the absence of a public record, rather than to prove the content of an existing record. The reasoning is that the Best Evidence Rule is triggered only when a party seeks to prove the 'content' of a writing or recording. Testimony that a record does not exist is not proof of its contents. The court cited the advisory committee's note to Rule 1002, which explicitly states the rule does not apply to 'testimony that books or records have been examined and found not to contain any reference to a designated matter.' The court extended this long-standing exception for physical records to modern computer databases, reasoning that there is no meaningful difference between a physical file search and a database search for this purpose. It distinguished its prior holding in United States v. Bennett, where testimony about GPS data was barred because it was offered to prove the content of the data (the boat's travel path), whereas here the testimony was offered to prove the absence of content.
Analysis:
This decision modernizes the application of the common law Best Evidence Rule for the digital age, establishing a clear precedent in the Ninth Circuit. By holding that testimony about the absence of a record in a computer database does not require an 'original' printout, the court promotes judicial efficiency. This ruling simplifies the process for litigants to prove a negative—such as the non-issuance of a license or the non-filing of a form—without the often impractical or impossible task of producing a document that proves a negative. The decision ensures that the rules of evidence evolve with technology by logically extending traditional exceptions for physical records to their electronic counterparts.
