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Booking card exception to hearsay rule

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A booking card created by law enforcement in the course of a ministerial, nonevaluative booking process is not subject to the police reports exclusion under Indiana Evidence Rule 803(8), the Indiana Court of Appeals decided today.

In Stacey Fowler v. State of Indiana, No. 49A02-0910-CR-1037, Stacey Fowler argued that her battery victim’s booking card from a prior, unrelated arrest wasn’t admissible under the public records exception to the hearsay rule, and the introduction violated her constitutional confrontation rights. Fowler was arrested and convicted of Class B misdemeanor battery against her husband, Ricky Fowler.

Police came to the Fowlers’ home after Ricky called the police. Ricky identified himself once police arrived and said Stacey had taken his wallet. While there, Stacey pushed Ricky with both hands and he was knocked off balance. Stacey was arrested for battery, and an officer got Ricky’s wallet from Stacey’s truck and found Ricky’s photo ID. At trial, the state introduced certified “Booking information” from the Indianapolis Metropolitan Police Department with a mugshot of Ricky with his name, date of birth, and physical description to help identify the victim because he didn’t attend the trial. One of the arresting officers testified that the person in the photo was Ricky.

The Court of Appeals judges had to look to other jurisdictions to aid in their decision that the booking would fall under the public records exception. The public records exception excludes investigative police reports when offered against the accused in criminal trials, but it does not bar admission of police records pertaining to “routine, ministerial, objective nonevaluative matters made in non-adversarial settings.”

Other courts have held the public records exception permits admission of police records created in connection with routine booking procedures, wrote Judge Nancy Vaidik. The booking constituted hearsay evidence because it was offered to prove that the man in the mugshot was Ricky.

“The booking card was created by law enforcement, but the biographical information on the printout was obtained and recorded in the course of a ministerial, nonevaluative booking process,” she wrote. “In line with the foregoing, we find that the exhibit fell within the ambit of Evidence Rule 803(8) and was not subject to the police reports exclusion.”

The judges also held that the booking information printout wasn’t testimonial evidence under Crawford v. Washington, 541 U.S. 36 (2004). It recited biographical and physical identification information obtained only for custodial purposes and wasn’t created to prove some fact at trial.

The Court of Appeals found the identification furnished by the booking card was cumulative but the alleged error was harmless. They also found any alleged error in the exclusion of Stacey’s testimony on out-of-court statements made by the arresting officers at the Fowlers’ home to be waived.  
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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