In what instance can prosecution tender a copy of a police statement in support of his testimony? 7 Answers as of November 07, 2011

In what instance can prosecution tender a copy of a police statement in support of his testimony?

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Law Office of Anthony Sessa
Law Office of Anthony Sessa | Anthony Sessa
Never. This violates the "hearsay" law.
Answer Applies to: California
Replied: 11/7/2011
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
Almost never. The police report is most commonly used to refresh a witness' recollection but that does not result in the report becoming a part of the evidence.
Answer Applies to: California
Replied: 11/5/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
The rules of evidence and the case law on the matter state that a police report is not to be entered into evidence. However, an officer on the stand may refer to the written report to refresh his memory.
Answer Applies to: California
Replied: 11/4/2011
The Law Offices of Christopher J. McCann
The Law Offices of Christopher J. McCann | Christopher J. McCann
Police reports in California are almost without exception inadmissible in court under the Evidence Code as they are hearsay without an exception and are documents prepared in anticipation of litigation.
Answer Applies to: California
Replied: 11/4/2011
Law Office of Daniel K Martin
Law Office of Daniel K Martin | Daniel K Martin
I am not exactly clear about what you are asking here. When can the prosecution have an officer repeat what was said to them out of court by a witness? Since I am not completely sure what your looking for I will provide an overview of statements. Hearsay is an out of court statement being offered for the truth of the matter asserted. An example of hearsay would be me telling someone that I robbed someone. Hearsay is not admissible in court unless there is an exception. Most everything that a person tells a police officer is hearsay, however there are many exceptions. The biggest exception to the hearsay rule is admissions. In my example about me telling some that I robbed someone would be admissible because I would be a defendant and that would be an admission. Admissions are broadly defined to include practically everything a defendant said out of court. Even if they denied committing the crime, it would be admissible as an admission. The other exceptions include excited utterances. This would include a person's statement "there is a fire over there."; prior inconsistent statements and prior consistent statements are admissible. Your attorney should be able to explain the law that relates to your specific question.
Answer Applies to: California
Replied: 11/4/2011
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