DRUG CODE TESTIMONY
The use of code words by those involved with narcotics sales and distribution is common. How does the government prove, at trial, whether the code is actually a code? In addition, how does the government show the meaning of the code words?
The courts have long recognized that drug dealers seldom negotiate the terms of their transactions with the same clarity as business persons engaged in legitimate transactions. Drug dealers rarely speak openly about their trade; instead, they often engage in a so-called narcotics code. United States v. Cancelmo, 64. F.3d 804 (2d Cir.1995). Given the attempts of drug dealers to disguise the content of their discussions as legitimate subject matters, courts may allow witnesses to "decipher" the codes drug dealers use and testify to the true meaning of the conversations. Testimony about the meaning of alleged code is admissable as lay opinion testimony under Fed. R. Evid. 701.
In addition, an expert may provide testimony interpreting drug code words, but this is distinguishable from the lay person testimony. The point being, the government can attempt to prove the meaning of drug code words by eliciting testimony from a person who supposedly understood the code. As always, this is not a substitute for legal advice. Please consult with an attorney when charged with a crime.
