Legal Question in Criminal Law in California

admissible evidence

At the time of my arrest for battery the arresting officer did not tape the depositions of my accusers, neither did he make them write anything down.

The DA investigator did tape the interviews. But there are serious discrepancies between the arresting officer's version and the DA investigator's version of interviews with the same persons.

Are the police officer's statements admissible in court, or are they heearsay?


Asked on 11/13/02, 4:43 pm

1 Answer from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: admissible evidence

Without knowing more of the details of your case, let me just give you a general rule. The officers cannot testify at TRIAL as to what others told him. However, there are exceptions to the rule.

The officers probably CAN testify, at a preliminary hearing, as to what others told him.

Feel free to contact me if you'd like to talk about your case in more detail.

Regards,

Ben

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Answered on 11/13/02, 7:42 pm


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