United States v. Marcantoni (1979)
Facts:
Government charged defendant with bank robbery. At trial, government sought to introduce into evidence a list that collected the serial numbers that appeared on each cash bill found in defendant’s home. Defendant objected, arguing that admission of the list violated the best evidence rule; defendant asserted that the best evidence required the production of original evidence – in this case, the bills actually seized from defendant’s home.
Issue:
When can a federal court admit secondary evidence, such as a list that summarizes one aspect (serial numbers) of the original evidence?
Rule:
FRE 1004 authorizes the admission of secondary evidence if the original document has been lost or destroyed, or the original document cannot be obtained by judicial.
