CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Exceptions re Statements
......Adoptive Admissions (Crim.)
.........Limit.: D's Mere Presence Insufficient
3 Cards On This Topic:

DA's statement reciting alleged facts re WA offense was hearsay and not admissible as an adoptive admission—D's failure to deny DA's recital was not an adoptive admission of those facts.

D's mere presence while co-D confessed and implicated D insufficient as adoptive admission by D.

Statements of police without acknowledgment of D are hearsay, not adoptive admissions.