Hearsay is a very important concept in the law of evidence. In this question we examine potential hearsay in the context of a criminal confession. Remember to think of possible exceptions to the hearsay rule.

Hearsay is a very important concept in the law of evidence. In this question we examine potential hearsay in the context of a criminal confession. Remember to think of possible exceptions to the hearsay rule.

Douglas, the defendant, is on trial for robbing Donna, the plaintiff. Bob is a bouncer at a nightclub. Stephen is a witness willing to testify. According to Stephen, Bob told Stephen that Douglas had confessed to Bob about committing the robbery.

Examine all possibilities in this case:

  • Can Stephen’s testimony be considered hearsay? Why or why not?
  • Would the court allow Stephen’s testimony? Why or why not?
  • In what situation would the court allow Stephen’s testimony?
  • What would the impact on the case be if Bob testifies?

Support your answers with relevant rules of evidence.

 

Discussion Question 2: Search and Seizure

In this question we will discuss the constitutional limits placed upon evidence in a search and seizure situation. Please research this issue to locate some case law addressing similar warrantless searches.

A police officer receives a phone call from an anonymous caller. The caller claims to know the location of goods stolen from a jewelry store. The address the caller provides is on the police list of suspected places. The officer goes to the location without a warrant and finds a map of the area where the jewelry store is located.

After the first inspection the officer calls the court and the station for issuing a warrant. During the second inspection of the property, with a warrant, the officer does not find anything.

The police arrest the suspect and charge him with robbery.

Based on the above information, answer the following questions:

 

  • Locate the rule of evidence about improperly obtained evidence.
  • Evaluate the rights of the officer and the accused.
  • When is improperly obtained evidence admissible, and when it is not?
  • Illustrate your discussion by citing similar cases and other legal authorities.
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