United States v. Stockton

968 F.2d 715 (8th Cir. 1992)

Facts

Police received information about an unpleasant odor and laboratory equipment in a rented house. Police, accompanied by the owner of the home searched the residence and recovered laboratory equipment, precursor chemicals, and methamphetamine. Notes were also recovered which contained references to 'Bubba.' Stockton, who was called 'Bubba,' was a 'cook' for the conspiracy and 'cooked' methamphetamine at the house. Stockton and 'Darrell' would 'cook' methamphetamine about once a week, making up to twelve ounces each time, in exchange for cash and drugs. Appleby and others were involved in the distribution of methamphetamine. Some of the laboratory equipment was kept at a private storage company in Missouri, and a search of the storage area turned up glassware and precursor chemicals for making methamphetamine. Photographs of miscellaneous papers found in Appleby’s residence were admitted at trial over Ds’ objections. P provided no reason why the originals could not be produced. Ds were convicted and appealed, in part, on this issue. P argues that the Best Evidence Rule does not apply to photographs of demonstrative evidence.