California, United States of America
The following excerpt is from People v. Ferguson, 129 Cal.App.3d 1014, 181 Cal.Rptr. 593 (Cal. App. 1982):
The police record here was inadmissible hearsay in that it was evidence of an out-of-court statement made by appellant, offered to prove the truth of the matter asserted, i.e., that appellant had repossessed a vehicle. (Evid.Code, 1200.) Police records may, in some circumstances, be admissible under the business records exemption to the hearsay rule. (Evid.Code, 1271.) In order to be considered under this exception, however, a proper foundation must be established. The report must be shown to have been made in the regular course of business, at or near the time of the act, condition or event; the custodian or other qualified witness must testify to its identity and the mode of its preparation and finally the sources of information and method and time of preparation must be such as to indicate its trustworthiness. (Evid.Code, 1271; People v. De La Plane (1979) 88 Cal.App.3d 223, 252, 151 Cal.Rptr. 843.) Here no such foundation was laid; the evidence was properly excluded.
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