CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay
......What is Not Hearsay
.........Implied Hearsay; Implied Assertions
............Incoming Phone Calls
3 Cards On This Topic:
  • Caller's oral expressions to police during search were hearsay, but case law, accepted when Evid. Code adopted, created exception to hearsay rule for this reliable, non assertive type of evidence. (Implied Assertions.)
  • Incoming phone calls to bookie intercepted by police are not hearsay.
  • Calls intercepted by officers were nonhearsay circumstantial evidence that premises used for betting.