855 N.W.2d 551
Minn. Ct. App.2014Background
- Ziegler challenged admission of SDM data from her vehicle as violating confrontation rights.
- SDM is an event data recorder; data include speed, brake activity, recorded automatically after velocity changes or impacts.
- Sergeant Inglett testified about SDM data and downloaded a report via Langford’s software without Langford testifying.
- Ziegler objected to authenticity, foundation, reliability, hearsay, and confrontation issues; district court admitted the data.
- Trial led to convictions for criminal vehicular operation (three counts) and reckless driving; post-trial motions denied.
- Court holds machine-generated data not testimonial, so admission did not implicate confrontation rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether machine-generated SDM data are testimonial statements under the Confrontation Clause. | Ziegler argues SDM data are testimonial statements. | State contends SDM data are not statements by a human witness. | Yes; they are not testimonial under Crawford. |
Key Cases Cited
- Crawford v. Washington, 541 U.S. 36 (2004) (Confrontation Clause demands live testimony for testimonial statements)
- Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009) (forensic certificates are testimonial when offered in lieu of witnesses)
- Bullcoming v. New Mexico, 131 S. Ct. 2705 (2011) (forensic report certs are testimonial when the certifier testifies or its contents implicate him)
- State v. Caulfield, 722 N.W.2d 304 (Minn. 2006) (BCA lab report identified cocaine; testimonial when offered without analyst)
- State v. Weaver, 733 N.W.2d 793 (Minn. App. 2007) (lab technician report regarding results of testing; testimonial when used without the technician)
- Lamons, 532 F.3d 1251 (11th Cir. 2008) (machine-generated data not statements of human witnesses; not within Confrontation Clause)
- Moon v. United States, 512 F.3d 359 (7th Cir. 2008) (raw instrument data not testimonial; interpretation may be)
- United States v. Washington, 498 F.3d 225 (4th Cir. 2007) (printed data from machines not statements by technicians)