How have courts interpreted testimonial statements by police officers responding to a shooting incident?

California, United States of America


The following excerpt is from People v. Adams, C085290 (Cal. App. 2019):

In Michigan v. Bryant (2011) 562 U.S. 344 [179 L.Ed.2d 93] (Bryant), police officers questioned a man found in a gas station parking lot bleeding from a gunshot wound. (Id. at p. 349.) The court held that the man's statements were not testimonial because an ongoing emergency had not been resolved, the scene was not secured, the shooter was at large, and the victim was in great distress (the wound ultimately proved fatal), which suggested his answers were not given for testimonial purposes. (Id. at p. 375.) The court noted that the questions were asked in a public area before emergency medical personnel arrived and were the type of questions (i.e., what happened?) that police need to ask to assess the threat to their own safety and danger to the victim and the public. (Id. at pp. 375-376.)

Other Questions


How have courts interpreted hearsay statements by police responding to reports of a shooting? (California, United States of America)
How have courts interpreted the Miranda safeguards in the context of a claim that a police officer improperly obtained a witness statement? (California, United States of America)
How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
How have courts interpreted special instruction in a case involving a defendant's hospital statement to a police officer? (California, United States of America)
Does a complaint to the police department asserting misconduct by a police officer constitute a crime prescribed under California Penal Code section 148.5 of reporting to police officer that a felony or misdemeanor has been committed? (California, United States of America)
What is the test for admitting an admission of a statement to a police officer that he would kill the first police officer to step inside his cell if he was not permitted to visit with his wife? (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)
Can a defendant who shot an off-duty police officer in the head with a single shot, get out of his car, get into his car and shoot the officer as the officer is approaching? (California, United States of America)
How have the courts interpreted statements made by police officers in an interview with defendant in an assault case? (California, United States of America)
Does a witness's statement that he was being followed by the police officer that he did not know what he was doing at the time of the incident affect the admissibility of the officer's report? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.