Can hearsay testimony support a finding that a defendant consented to accompany the officers to the police precinct?

"New York", United States of America

The following excerpt is from People v. Diaz, 123 N.Y.S.3d 64, 145 N.E.3d 947, 34 N.Y.3d 1179 (N.Y. 2020):

10 People v. Gonzalez , 80 N.Y.2d 883, 587 N.Y.S.2d 607, 600 N.E.2d 238 [1992] is instructive. In that appeal, we considered whether hearsay testimony from a detective describing what other police officers had told him could support a finding that defendant freely consented to accompany the officers to the police precinct. While such testimony was admissible, we concluded it did not independently satisfy the People's burden (id. at 885, 587 N.Y.S.2d 607, 600 N.E.2d 238 ). Notably for present purposes, we observed that "the finding of the hearing court that [the detective] was credible is irrelevant": "[t]hat [the detective], who had no personal knowledge of the relevant facts, testified truthfully as to what the [officers] told him has no bearing on the pertinent issue of whether the other [officers'] statements were true" (id. ).

Other Questions


What is the effect of the arresting officer's testimony that a defendant and his companions consented to accompany the police to the police station house to answer questions? ("New York", United States of America)
Does a search within the boundaries of the consent of a police community support officer (police constable) violate the consent granted by the Superior Court? (MultiRegion, United States of America)
If a private party agrees to give consent to a police officer, would they choose to spend the better part of an afternoon shuttling back and forth with police officers rather than going about her business? (MultiRegion, United States of America)
Does a police officer advising a defendant of the police policy and procedure and procedure to release their breathalyzer test results constitute psychological police coercion sufficient to exclude the test? ("New York", United States of America)
Is there any case law in which a defendant has been successful in admitting testimony by three police officers that the victim pointed to defendants? ("New York", United States of America)
In what circumstances will a defendant be excused from making a further offer of proof on a quarrel between a defendant and a police officer? (MultiRegion, United States of America)
Is there any case law supporting the finding of inconsistency in testimony of a witness who testified that the testimony was consistent? (MultiRegion, United States of America)
Is hearsay testimony by police officers admissible? (MultiRegion, United States of America)
What are the findings of a judge's finding that the affidavit in support of an application for a wiretap was not supported by probable cause and was stale? (MultiRegion, United States of America)
When a hearing officer disagrees with a decision made by the reviewing officer on the issues with which he disagreed with the hearing officer, how will the review officer's decision be considered? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.