Steiner v. State

In Steiner v. State, 706 So. 2d 1308 (Ala.Crim.App. 1997), the defendant challenged the introduction into evidence of the logbook indicating that the Intoxilyzer 5000 machine was properly calibrated on the basis that the logbook fell within the law enforcement exception because the machine was tested by a State Trooper. The Court of Criminal Appeals of Alabama rejected this challenge. The court reasoned: "Other jurisdictions have applied the law enforcement exception "only to matters observed or investigated by police in adversarial, investigative circumstances where those involved may well have a motivation to misrepresent in order to secure a conviction." Charles Gamble, McElroy's Alabama Evidence, 266.01(5) (5th ed. 1996) . The inspection of the calibration of the I-5000 is an administrative function that is not performed pursuant to the investigation of any particular person. Therefore, we hold that a certified copy of the logbook relating to the I-5000 is admissible under the business records exception to the rule against hearsay when offered to show that the device was inspected to insure that the device had been properly calibrated." (Steiner, 706 So. 2d at 1312.)