Can a witness who is unavailable as a witness give evidence against an undercover law enforcement officer in a criminal case?

California, United States of America


The following excerpt is from People v. Elias, 2d Crim. No. B252267 (Cal. App. 2015):

Where, as here, a person who is unavailable as a witness inculpates himself and another person in conversations with an undercover law enforcement officer, his statements, if trustworthy, are admissible. Such statements are declarations against penal interest, are not "testimonial," and their admission does not violate the confrontation clause. (Crawford v. Washington (2006) 541 U.S. 36.)

Other Questions


What is the test for admissible evidence in a criminal case where an expert testified that there was no evidence of criminal wrongdoing? (California, United States of America)
Can a police officer who poses as an undercover officer to obtain a false confession be allowed to testify in a criminal case? (California, United States of America)
What is the substantial evidence standard for claims of insufficiency of evidence in a criminal case? (California, United States of America)
Does the Fifth Amendment of the Federal and California Constitution require a witness in a criminal case to be a witness against himself? (California, United States of America)
Is there any case law where evidence of a burglary was suppressed or suppressed because the evidence was obtained by police officers who entered the yard without a warrant? (California, United States of America)
Can a criminal defendant compel the discovery of evidence in a law enforcement officer's personnel file? (California, United States of America)
In a criminal case, is there any case law in which a jury has been ordered to conduct cross-examination of evidence in the penalty phase? (California, United States of America)
What is the test for prejudicial evidence in the context of evidence of racial motivation in criminal cases? (California, United States of America)
What is the test for making evidence of a witness unavailable as a witness? (California, United States of America)
In a criminal case, is there any case law in which a jury has been ordered to conduct cross-examination of evidence in the penalty phase? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.