Are statements made between two detainees, while in a patrol car, subject to
1) Crawford objection
2) Hearsay objection

do you have any caselaw?

Field test results. Is testimony that a field test was performed and the substance indicated a controlled substance objectionable. Any caselaw that allows this testimony in. Defense counsel grounds are Daubert.


Finally, what about no dl and the defendant admitting, without being questioned that she had a warrant. Again, any caselaw? Defense counsel states this is an extraneous offense.

Start trial tomorrow, so any answers will be greatly appreciated.

1. No--not an affidavit, deposition, or response to custodial interrogation, so meets none of the examples listed in Crawford as "testimonial statements." There are cases holding Crawford doesn't apply to admissions made to others.

2. Depends--statements made by your defendant are not hearsay because they are admissions of a party opponent. Statements made by the other suspect may be hearsay, but might be admissible, depending on contents and context. Consider: statements against penal interest (if they are blame taking or blame sharing statements)(Walter v. State, 267 S.W.3d 883 (Tex Crim. App. 2008)); statements not used for the proof of the matter asserted; adoptive admissions (declarant says "I hope they don't find our dope in the wheel well" and defendant doesn't say "What dope? You had dope?") On the other hand, if other suspect says something like "officer, Joey here had dope, he hid it behind back seat, it isn't mine" would be bad hearsay under Walter.