What is the standard for the use of the preponderance of the evidence standard in a civil case where a police officer's testimony is hearsay?
MultiRegion, United States of America
The following excerpt is from U.S. v. Fernandez-Vidana, 857 F.2d 673 (9th Cir. 1988):
Only when the hearsay is so inadequately supported that "the factual basis for believing [it is] almost nil" can it be argued that the evidence should not have been considered. Id. (quoting United States v. Weston, 448 F.2d 626, 633 (9th Cir.1971), cert. denied, 404 U.S. 1061, 92 S.Ct. 748, 30 L.Ed.2d 749 (1972). The officer's hearsay testimony does not meet this standard.
III. Use of the Preponderance of the Evidence Standard
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