Also known as: indicia of reliability
Written by attorneys · grounded in primary & secondary sources — see below
Circumstances or factors that demonstrate the trustworthiness of a statement, tip, or expert opinion. Accurate predictions of future conduct by an anonymous informant supply such indicia when they suggest inside knowledge of criminal activity. For expert testimony, testing, peer review, and known error rates function as indicia that support admissibility under flexible, case-specific standards.
Serena Soto receives an anonymous tip that Sebastian Santos will leave a co-working space at 8 p.m., drive his blue hatchback two blocks east, and exchange stolen code in a parking garage. Officers observe Santos follow the exact predicted route and timing. The accurate forecast of future movements supplies sufficient indicia of reliability that supports reasonable suspicion for the stop.
Skylar Sullivan receives an anonymous call describing only that Scott Summers stands by a fountain wearing a white shirt and carrying two suitcases. Officers confirm the visible details but observe no further conduct. The absence of predictive information or other indicia leaves the tip without sufficient indicia of reliability to justify a stop and frisk.
Select any source to read its text and confirm it supports the definition.
Simon Stern offers a computer scientist who relies on an unreviewed internal script to opine on algorithm performance. The court conducts a Daubert hearing and weighs testing, peer review, and error rates. The flexible inquiry permits consideration of any appropriate indicia of reliability for specialized technical knowledge beyond traditional science.
Sean Steele offers a witness recounting an out-of-court statement by an unavailable declarant. The court examines whether the statement falls within a firmly rooted exception or carries particularized guarantees of trustworthiness. Absence of either form of sufficient indicia of reliability bars admission under the confrontation requirement.
Sterling Dynamics challenges admission of items discovered after an unlawful entry. The court traces whether the evidence rests on an independent source or on information carrying its own sufficient indicia of reliability. Tainted origins without separate reliable foundation require exclusion of the derivative evidence.
Solstice Ventures offers experts who developed opinions solely for litigation without independent research. The court evaluates whether the methodology has been tested, subjected to peer review, and possesses a known error rate. Lack of these indicia of reliability leads the court to exclude the testimony as unreliable.
Accurate predictions of a suspect's future movements or conduct supply sufficient indicia of reliability because they suggest the tipster possesses inside knowledge. Officers who corroborate those predictive details may reasonably infer the tip's criminal allegations are also trustworthy. A bare description of visible characteristics without predictive information does not meet the standard.
Supporting sources
No. The reliability inquiry extends to all expert testimony based on technical or other specialized knowledge. Courts retain discretion to consider the traditional Daubert factors or any other appropriate indicia of reliability suited to the particular field. The gatekeeping function remains the same regardless of whether the expertise is scientific or technical.
Supporting sources
A statement by an unavailable witness is admissible only if it falls within a firmly rooted hearsay exception or bears particularized guarantees of trustworthiness. The Roberts test required these indicia of reliability before Crawford shifted focus to testimonial statements and cross-examination. Without either form of reliability, the statement is excluded.
Supporting sources
…hearsay exception for statements against penal interest was not firmly rooted, but that the statement at issue in that case bore sufficient indicia of reliability to be admissible. The Roberts test has been criticized as unpredictable and inconsistent with the text and history of the Confrontation Clause. The Clause’s primary object is to bar the…