Translator with proper "savvy" may translate terms used by speakers of foreign language without being qualified as expert in code-language

EVIDENCE United States v. Verdin-Garcia, No. 06-3354, ___ F.3d ___ (10th Cir. Feb. 19, 2008)(Kansas). Appeal of convictions and sentence for multiple offenses related to drug trafficking conspiracy. HELD: (1) Translator may provide nonliteral translation of slang terms or idioms that are widely used and understood by native speakers of foreign language and therefore need not be qualified as expert in code-language interpretation via Daubert hearing. Terms like "420" and "714s," for instance, do not require decoding or code-cracking to understand; it may take nothing but street savvy to know that they refer to marijuana usage and Quaaludes. Once foundation is laid that a translator has that savvy, her translation of drug slang is no more a matter of opinion than her translation of any other slang or idiomatic usage. Differences of opinion on the proper meaning or translation of a slang term are to be resolved-as with other disputes concerning translation-through cross-examination or by the presentation of another qualified translator with a contrary view. (2) Express consent to monitoring of telephone calls is not necessary for government to record calls under "prior consent" exception to Wiretap Act at 18 U.S.C. § 2511(2)(c). Specifically, prisoner’s voluntary choice to use telephone placed next to sign stating that calls were subject to monitoring or recording constitutes implied consent sufficient to satisfy Wiretap Act’s "prior consent" exception. Read the opinion here.