Michigan Supreme Court
People v. Berkey
March 11, 1991437 Mich. 40
Summary
The Michigan Supreme Court held that audiotapes are authenticated under MRE 901 when the proponent presents evidence sufficient to support a finding that the recordings are what the proponent claims, and that knowledgeable voice identification ordinarily satisfies that requirement. The Court rejected the Court of Appeals' use of a mandatory seven-factor authentication test and vacated its judgment, remanding for consideration of the defendant's remaining issues.
Holding
- Authentication of audiotapes under MRE 901. The audiotapes were authenticated sufficiently because the prosecution presented evidence supporting a finding that they were recordings of conversations between the victim and the defendant. Under MRE 901, a tape ordinarily may be authenticated by a knowledgeable witness identifying the voices; the seven-factor test is not a mandatory prerequisite to admissibility.
Docket Docket 88641
Cited authorities
- Rule 901 of the Michigan Rules of Evidence
- Rule 901 of the Federal Rules of Evidence
- Rule 104(a)