CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Hearsay
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Non-Applicability of Hearsay Rule
.........Preliminary Hearings
6 Cards On This Topic:
Probable cause may be based upon sworn hearsay testimony of law enforcement officer who has 5 years' experience or has completed certified training course.
Evid. Code §1203 not applicable if hearsay statement is offered at prelim.
Under Reed reliable reflection, prelim. hearing transcript not part of record of conviction and not admissible to establish strike finding.
Hearsay provisions of Pen. Code §872 (b) do not require child molest victim be qualified to testify at prelim. hearing in order for M's hearsay declarations to be admissible.
D has right to introduce exculpatory hearsay testimony of qualified law enforcement officer at prelim hearing under certain circumstances.
Cases interpreting Prop. 115.