ALL >> Legal >> View Article
Criminal Defendant Accidentally Confesses To A Robbery Unaware Of Recording Device Inside Of Police
The legal meaning of the word "hearsay" is "an extrajudicial statement that only has evidentiary value for the truth of the matter asserted." Hearsay is typically excluded from trials because it is deemed to be unreliable. However, there are a lot exceptions to the hearsay rule. An out of court statement is only hearsay, & therefore inadmissible, if the statement is testimonial in nature. If the extrajudicial statement is not testimonial, it can still be admitted into evidence.
In the case of Bowens v. State, the District Court addressed this subject as it related to a co-defendant's recorded statements while in the back of a police vehicle. Police get information as well as confessions in this manner rather regularly. 2 people sitting in the back seat of a police vehicle trying to get their stories the same inadvertently furnish the police a confession.
The District Court, after the defendant's appeal of a strong-armed robbery judgment and sentence, affirmed the lower court's refusal to keep out a surreptitiously recorded conversation containing admissions by defendant while in the rear of a patrol ...
... vehicle, and upheld the trial court's denial of a motion for mistrial.
After being arrested for strong-arm robbery, the defendant and the driver of the car wherein he was a passenger, were put into the back of a police vehicle. A concealed microphone recorded the discussion in which defendant admitted facts with regard to the robbery. The Fourth District Court of Appeal held that the taped statements of the defendant were admissible as the statements were determined to be a party admission under Florida Statute 90.803(18)(a), and that the statements of the co-defendant were also admissible to place defendant's statements in context (thereby making the statements non-testimonial). The District Court also found that the statements weren't instigated or otherwise facilitated by anyone for the main reason of collecting evidence for a prosecution, but were a recording of a spontaneous conversation. The Fourth District Court of Appeal order contains an in depth discussion of Crawford v. Washington, in addition to other cases which have ruled on surreptitious tape recordings.
For additional information concerning Criminal Attorney Miami FL , Criminal Defense Attorney Miami FL and Attorney Miami FL you can contact our office at: The Law Offices of Rosenberg and Dye 201 South Biscayne Boulevard
28th Floor
Miami, FL 33131
(305)429-3285
Add Comment
Legal Articles
1. Internet Scam LawyerAuthor: Advocate Deepak
2. Online Fraud Legal Expert
Author: Advocate Deepak
3. Certificate Attestation In Qatar: A Complete Guide For Expats
Author: Helpline Group
4. Expert Cyber Crime Advocate
Author: Advocate Deepak
5. Degree Certificate Attestation For Employment Visa
Author: Fayaz
6. Top Cyber Crime Attorney In Delhi
Author: Advocate Deepak
7. Cyber Fraud Lawyer In Noida
Author: Advocate Deepak
8. Criminal Defense And Human Rights: Advocating For Fair Treatment Globally
Author: Roderman & Johnston
9. In What Ways Can A Consultant Help Navigate The Complexities Of Indian Regulations Related To Bis Certification?
Author: Diligence Certifications
10. Best Advocate For Bail Matters In Delhi
Author: Advocate Deepak
11. Experienced Bail Lawyer In Delhi For Speedy Bail
Author: Advocate Deepak
12. How To Appeal A Criminal Conviction In Delhi
Author: Patrons Legal
13. Affordable Bail Lawyer In Delhi Ncr
Author: Advocate Deepak
14. Top Bail Lawyers In Delhi High Court
Author: Advocate Deepak
15. Ready To Work In The Uk? Explore Visa Options That Don't Need A Job Offer
Author: SmartMove2UK