Is a Cop Considered an Expert Witness?

Hello, my name is Brian L. Jackson. I’m a Tulsa father’s rights attorney here with Dads.Law, where fathers are not disposable. I’m here to talk to you guys today about whether a cop is considered an expert witness in family court. The answer is, it depends on what you’re asking them in their specific role.

I would submit that in all likelihood, an officer who just does general law enforcement, for most purposes you would call them for in family court, is probably not going to be considered an expert witness. The operative case with expert witnesses in general is Daubert. It’s Del Maro versus Daubert. The idea is you have to be able to establish a certain amount of expertise.

Now if you were talking about a specific law enforcement related issue, like for example, you could probably Daubert a cop on recognizing somebody who is observably drunk, or observably over the legal limit for the purposes of operating a motor vehicle. You could probably Daubert a cop on the smell of marijuana. Those are things that you probably could Daubert them on.

Understanding the Role of a Cop in Family Court

However, for most purposes, a cop would be what’s called a fact witness. In other words, they can testify to what they perceive with their own personal five senses. They cannot render an opinion, and certainly not on things like what’s in the child’s best interest, because they’re not qualified.

They could talk about things like, “I caught this person driving drunk on XYZ day,” or “that person got caught with a baggie of mysterious white powder.” Oh, and here’s the lab report that says it was methamphetamine or cocaine. That kind of thing they could testify to. But they’re not qualified to render an opinion as to what’s in the child’s best interest.

So the answer with respect to a cop is that their level of expertise depends on what you’re asking. If you have questions about this topic or any other family law matters, I would encourage you to go to Dads.Law where fathers are not disposable.

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If you’re in need of legal advice or assistance regarding fathers’ rights in family court, contact us at Dads.Law today. Our experienced attorneys are dedicated to protecting the rights of fathers and ensuring fair outcomes in family law cases. Call us to schedule ainitial strategy session . Take the first step towards securing your rights as a father today!