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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. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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