What is the test for admitting hearsay testimony by an investigating officer in a preliminary hearing?

California, United States of America


The following excerpt is from People v. Romeo, 193 Cal.Rptr.3d 96, 240 Cal.App.4th 931 (Cal. App. 2015):

12 Cf. Whitman v. Superior Court (1991) 54 Cal.3d 1063, 1074, 2 Cal.Rptr.2d 160, 820 P.2d 262 [construing section 872, subdivision (b), which permits admission of hearsay testimony by an investigating officer for purposes of establishing probable cause in a preliminary hearing, to permit only officers with lengthy experience or special training to testify in order to ensure the testifying officer will be capable of using his or her experience and expertise to assess the circumstances under which the statement is made and to accurately describe those circumstances to the magistrate so as to increase the reliability of the underlying evidence].

12 Cf. Whitman v. Superior Court (1991) 54 Cal.3d 1063, 1074, 2 Cal.Rptr.2d 160, 820 P.2d 262 [construing section 872, subdivision (b), which permits admission of hearsay testimony by an investigating officer for purposes of establishing probable cause in a preliminary hearing, to permit only officers with lengthy experience or special training to testify in order to ensure the testifying officer will be capable of using his or her experience and expertise to assess the circumstances under which the statement is made and to accurately describe those circumstances to the magistrate so as to increase the reliability of the underlying evidence].

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