ILNews

Booking card exception to hearsay rule

Back to TopE-mailPrintBookmark and Share

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.  
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  2. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  3. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

  4. My daughter was married less than a week and her new hubbys picture was on tv for drugs and now I havent't seen my granddaughters since st patricks day. when my daughter left her marriage from her childrens Father she lived with me with my grand daughters and that was ok but I called her on the new hubby who is in jail and said didn't want this around my grandkids not unreasonable request and I get shut out for her mistake

  5. From the perspective of a practicing attorney, it sounds like this masters degree in law for non-attorneys will be useless to anyone who gets it. "However, Ted Waggoner, chair of the ISBA’s Legal Education Conclave, sees the potential for the degree program to actually help attorneys do their jobs better. He pointed to his practice at Peterson Waggoner & Perkins LLP in Rochester and how some clients ask their attorneys to do work, such as filling out insurance forms, that they could do themselves. Waggoner believes the individuals with the legal master’s degrees could do the routine, mundane business thus freeing the lawyers to do the substantive legal work." That is simply insulting to suggest that someone with a masters degree would work in a role that is subpar to even an administrative assistant. Even someone with just a certificate or associate's degree in paralegal studies would be overqualified to sit around helping clients fill out forms. Anyone who has a business background that they think would be enhanced by having a legal background will just go to law school, or get an MBA (which typically includes a business law class that gives a generic, broad overview of legal concepts). No business-savvy person would ever seriously consider this ridiculous master of law for non-lawyers degree. It reeks of desperation. The only people I see getting it are the ones who did not get into law school, who see the degree as something to add to their transcript in hopes of getting into a JD program down the road.

ADVERTISEMENT