Can a police officer's decision to lift print be reviewed by a court?
California, United States of America
The following excerpt is from The People v. Wheeler, C059987, No.LF010688A (Cal. App. 2010):
officer's decision to lift print was not at issue].) The nonhearsay purpose for which the statements were admitted was irrelevant. The trial court has broad discretion in determining the relevance of evidence, but lacks discretion to admit irrelevant evidence. (People v. Crittenden (1994) 9 Cal.4th 83, 132.) Because the evidence was not relevant to any issue in dispute, the statements should not have been admitted.
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