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I know I have read either a TDCAA article on the topic or a forum thread regarding this in the past but I just can't locate it. Aside from using a Business Records Affidavit to authenticate the 911 call or having both parties to the call available for trial, is the 911 call admissible with the dispatcher only?

I understand that the Officer can testify as to what information was relayed to him by dispatch (Kimball) but what about the actual 911 call? Any case law to support present sense impression or excited utterance if you don't have your 911 caller there to testify?
 
Posts: 52 | Location: TX, USA | Registered: February 20, 2008Reply With QuoteReport This Post
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You can actually authenticate the call with just one party to the call. Don't have to have both parties.

In terms of hearsay exceptions, there's plenty of case law to support the idea that a 911 call might be an excited utterance, but it's not automatic. You have to argue why your particular call meets specific criteria like any other statement you want to qualify for a hearsay exception.

BONUS: 911 calls aren't testimonial. No confrontation clause problem.
 
Posts: 198 | Location: San Marcos, Tx | Registered: June 12, 2012Reply With QuoteReport This Post
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