Can a police officer's testimony that officers answered several phone calls from individuals interested in buying cocaine during a search of a house be considered hearsay?

California, United States of America


The following excerpt is from People v. Allen, B245581 (Cal. App. 2014):

In Nealy, police officers testified they answered several phone calls from individuals interested in buying cocaine during their search of the defendant's residence. (Nealy, supra, at pp. 450-451.) The appellate court concluded the calls were not hearsay, reasoning, "subject to Evidence Code section 352, and appropriate editing, when a police officer participates in a telephone conversation where he is lawfully executing a search warrant and hears a third person offer to purchase a controlled substance, testimony thereon is not made inadmissible by the hearsay rule and may be received as circumstantial evidence tending to show the controlled substance seized at that location was possessed for purposes of sale." (Id. at p. 452; see also People v. Ventura (1991) 1 Cal.App.4th 1515, 1517-1519.)

Other Questions


Is an individual who has been stopped by police in the middle of the street in what circumstances is the individual entitled to continue to walk the public streets "only at the whim of any police officer who happens to stop that individual"? (California, United States of America)
Is a search of a vehicle by a police officer who stops and searches the vehicle at the police station a search warrant? (California, United States of America)
In what circumstances will a police officer who receives a radio call to search for a suspect vehicle have to specify his probable cause to the arresting officer? (California, United States of America)
In what circumstances would the defense in a civil case have to call at least two police officers, the officer who was involved in a chase and the officer involved in the chase, and the person who was arrested for shots being fired from his car? (California, United States of America)
Does a search of a cell phone during a parole compliance search need to extend to cell phone searches? (California, United States of America)
What is the effect of public interest in a police officer soliciting other police officers to commit armed robberies? (California, United States of America)
Does the admission of a tape recording of a defendant's phone conversation with a police officer and the testimony of Officer Simonds violate his Sixth Amendment rights? (California, United States of America)
When a police officer searches a knapsack of a suspect in a search for drugs, what is the limitation of the search warrant? (California, United States of America)
In what circumstances will the landlord of an apartment house evict a police officer who found a large quantity of typewriters and office equipment in the garage of the apartment house where they were evicted? (California, United States of America)
Can a defendant who claims self-defense to a charge of battery upon a police officer, who is also charged with battery upon the officer, obtain materials from the police department concerning the propensity for violence against the officer? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.