Is the Arrest Affidavit of a foreign police report admissible?

MultiRegion, United States of America

The following excerpt is from Fremont v. Barr, 19-369 NAC (2nd Cir. 2020):

Fremont also argues that, even if the Complaint/Arrest Affidavit is admissible, it does not amount to clear and convincing evidence of the date that the offense was committed. We disagree, and conclude that it does. The document was sworn before the deputy clerk or a notary, is date-stamped contemporaneously with its creation, and was obtained from the relevant state court rather than the police department. Cf. Francis v. Gonzales, 442 F.3d 131, 143 (2d Cir. 2006) (holding that foreign police report was admissible, but not "clear and convincing evidence," and noting preference for documents from courts rather than law enforcement). Accordingly, this document constitutes clear and convincing evidence that Fremont committed the relevant offense on January 5, 2007, a date within five years of his January 27, 2002 admission.

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