Legal Question in Criminal Law in Minnesota

Re: police reports

Police reports themselves are normally inadmissible in criminal cases, by court rule. Generally when police officers testify they don't recall the events the are testifying about, unless they first refresh their recollection with "police reports" either before entering the courtroom or on the witness stand. (This is one cause of inaccurate testimony from police.)

Testimony by a police officer about what someone else said would as a general rule (the rule against hearsay) be inadmissible if an objection is made. There are, however, exceptions to the hearsay rule. One is an "admission of a party opponent" such as the defendant. The Rules of Evidence apply equally in a jury trial or a court trial. Judges, however, decide how to apply the rules of evidence, and may relax their application somewhat when there is no jury. If a judge violates the rules of evidence this could give rise to "reversible error" - cause for reversal of the decision on appeal.

Re: police reports

The answer depends on the statement made. If it is an admission by a defendant, it can be used. It falls under an exception to the hearsay rule.

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