Section 6.13 Laboratory Analysis

• Library: Criminal Practice 2012 Supp

B. (§6.13) Laboratory Analysis

Section 544.376, RSMo 2000, allows for laboratory reports to be entered into evidence at preliminary hearings to prove the results of scientific tests. The only limit is that these reports must have been prepared by a crime laboratory in the state or a federal crime laboratory, and the reports must be certified under the seal of that laboratory. The accused or the attorney of record must be provided a copy of the report at least ten days before the preliminary hearing and must be given the opportunity before the hearing to interview any person who conducted the tests. Section 544.376. Notice must be given to the prosecution of the time and place of the interview, and the interview can be recorded. Id. This provision allows the prosecution to show probable cause in drug cases without the necessity of calling the lab personnel to testify as to the test results. This provision does not apply to police reports; it has been utilized, however, by the prosecution to introduce drug test results, DNA analysis, ballistics, and other...