Evidence-Wellborn SU2006 Outline

o note 4 courts have disagreed as to whether out of

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: ting the search warrant. (Trial judge excluded this as hearsay) Issue: Were the statements in the affidavit hearsay or were they admissible as adoptive admissions under 801(d)(2)(B)? Holding: The affidavit statements were admissible under 801(d)(2)(B) out-of court statements offered to show the truth of the matter asserted are not hearsay if a party-opponent has "manifested his adoption or belief in its truth." o The gov manifested its belief in the truth of the informant's statements about Timmy by characterizing them as "reliable" in a sworn affidavit to a US Magistrate. Notes: Government wants to pin on Morgan, every pill, powder and dollar bill that they seize... Morgan wants to introduce against the government their affidavit about Timmy. Low and behold the court sustains the government's hearsay objection to the affidavit. Morgan gets a new trial: Government can't have their cake and eat it too! Can't use the affidavit in order to get a search warrant, but then deny belief in the affidavit statements come trial time. How did the trial judge get this so wrong????...
View Full Document

Ask a homework question - tutors are online