What is the test for admitting an officer's statement as an official record exception to the hearsay rule?

California, United States of America


The following excerpt is from Daniels v. Department of Motor Vehicles, 130 Cal.App.3d 487, 181 Cal.Rptr. 819 (Cal. App. 1982):

In reversing the trial court's ruling that the evidence was inadmissible hearsay, we ruled that Evidence Code section 1280 was authority for the admission of the officer's statement as an official record exception to the hearsay rule, holding that the requirement of "trustworthiness" was satisfied by the officer's being presumed to have fulfilled his official duty, citing People v. Baeske (1976) 58 Cal.App.3d 775, 780, 130 Cal.Rptr. 35. (Fisk v. Department of Motor Vehicles, supra, 127 Cal.App.3d at p. 77, 179 Cal.Rptr. 379.)

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