I start trial tomorrow and need some help. I have looked for cases that support the notion that warrants discovered through dispatch are not hearsay, but, I have yet to find one.

I have a situation where defendant had outstanding warrant from New Mexico, was arrested on the warrant discovered through dispatch, then drugs were found incident to the arrest in the vehicle.

I feel quite sure as soon as I ask what the officer learned through dispatch, hearsay and confronation objections will be screamed.

My feeling is that the dispatcher's statement that defendant had a warrant is not hearsay because it is not being offered to prove the truth of the matter asserted but simply offered to show why the defendant was arrested and why his car was searched.

I cannot find any cases on point? Any thoughts or suggestions.

Thank you in advance.

State v. Mayorga, 938 S.W.2d 81, 83 (Tex.App.-Dallas 1996, no pet.) ("the officer in this case was bound to arrest and would have been derelict in his duty if he failed to arrest appellee after receiving the dispatcher's message.").

Facts offered to establish PC are not hearsay:

"the officer's testimony as to what others said is not hearsay because the testimony concerning the out-of-court statement of the declarant is not offered "to prove the truth of the matter asserted" as is necessary to make it hearsay.[FN5] Rather, the officer's testimony concerning the statement is offered to prove that the assertion—true or not—was made to the officer, that the officer heard it, and that the officer then acted upon it in taking the action at issue."

Dix & Dawson 42 TXPRAC § 29.133

You will probably have to produce the warrant and affidavit for the trial court's inspection. Moreno v. State, 858 S.W.2d 453, 461 (Tex. Crim. App. 1993)("If the State intends to justify the search or arrest on the basis of a warrant, it is incumbent on the State to produce the warrant and its supporting affidavit for the inspection of the trial court.")

Also look at JOnes v. State, 843 SW2 487.

Thanks for the help.