Is a plaintiff's oral statement to the police during the initial street confrontation admissible at trial?
"New York", United States of America
The following excerpt is from People v. Wallace, 120 Misc.2d 295, 466 N.Y.S.2d 150 (N.Y. Cty. Ct. 1983):
The oral statements made to the police during the initial street confrontation ("What are you guys doing here" and "I'm glad it is over") were not the product of police custodial interrogation, but were spontaneously uttered by him, and as such are admissible at trial. People v. Lynes, 49 N.Y.2d 286, 425 N.Y.S.2d 295, 401 N.E.2d 405; People v. Kaye, 25 N.Y.2d 139, 303 N.Y.S.2d 41, 250 N.E.2d 329.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If a plaintiff makes a statement at a police station that was subsequently suppressed as a result of her statements made in the car, what are the consequences of the suppression of the second statement? (MultiRegion, United States of America)
What is the current state of the law on whether statements made by an accused without a lawyer are admissible or admissible in a subsequent trial? (MultiRegion, United States of America)
Does the admission of a child's pre-trial statement at trial constitute grounds for federal habeas relief? (MultiRegion, United States of America)
Does the trial judge erred in denying a post-trial motion for a new trial based upon alleged violations of sequestration order by members of the jury or marshals assigned to supervise the jury? (MultiRegion, United States of America)
What is the test for a plaintiff to prove that a police officer submitting a probable cause affidavit made a false or omitted statement? (MultiRegion, United States of America)
When a motorcyclist is stopped by police in a "hot pursuit" vehicle, can the police use the phrase "police pursuit" doctrine? (MultiRegion, United States of America)
What is the test for a plaintiff's claim that the government failed to bring him to trial within the Speedy Trial Act? (MultiRegion, United States of America)
Does Defendant have a claim that some of the evidence relied on by plaintiff at trial be inadmissible at trial? (MultiRegion, United States of America)
Does the presumption that a person who makes a statement of intent to injure another person be liable for damages if that statement contains two statements of intent? (MultiRegion, United States of America)
How have the courts treated improper statements in the opening and closing statements of a civil trial? (MultiRegion, United States of America)
