- Joined
- Dec 28, 2014
No, they can use body cam footage, just not for testimonial purposes. So whatever April said is testimonial. And they can't ask the police officer what April said, against Nick, because that is ALSO hearsay, which is any out of court statement made to prove a fact in the case, without having the speaker available for cross examination (subject to a million exceptions).They cant use body cam footage or her testimony directly, they can call the police officer to the stand and ask him what april said to him.
So they can use the bodycam footage to prove the state of the house and how the search was conducted (and as visual evidence of what was found). They can use Nick's own statements against him. They can use April's own statements against her. They can't use April's statements against Nick without April there for cross examination.
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