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Hearsay Evidence Allowed In Preliminary Hearing

Rickey Stokes

Viewed: 2471

Posted by: RStokes
Date: Jul 28 2016 2:35 PM

DALE COUNTY:   In Dale County District Court, preliminary hearing. Court scheduled at 1:30 PM Central Standard Time started at 1:53 PM Stan Garner Time.


But court starts when Judges arrive not when everyone else arrives.


A preliminary hearing in a case the defense attorney asked the question, "we're you present". The Ozark Police Investigator replied "I was notified". The defense attorney asked "were you present" and the officer replied "I was notified".


The defense attorney then pressed again, "were you present at the traffic stop?" The investigator replied no, that he was notified and conducted an investigation.


The defense attorney objected to the investigators testimony on hearsay.


Judge Garner referred to Alabama Rules of Criminal Procedure, Rule 5.3(c). After reviewing the rule Judge Garner ruled the investigator from Ozark Police could testify to hearsay in the preliminary hearing.


The defendant was stopped by Ozark Police, Lt. Culbreth and Officer Buggs. Culbreth was fimiliar with the defendant and knew of outstanding arrest warrants. The defendant was arrested and placed in Officer Buggs vehicle for transport.


After transport of the defendant to the jail officers found drugs in the vehicle. They charged the defendant with felony possession.


The officer said it is policy of Ozark Police to search the patrol vehicle before beginning the officers tour of duty. It is also the policy to search the vehicle after each transport.


Officer Buggs was not present for court. But The investigator testifying said he asked Officer Buggs did he follow policy and search his patrol vehicle. The officer testified that Officer Buggs told him he did follow procedure in searching his vehicle.


The defense attorney asked is it policy to search a defendant prior to placing him in the patrol vehicle. The investigator testified yes but it could have been missed. The question was asked if something could have been missed in the search of his patrol vehicle.


The investigator could only testify to what was in the report. 


Judge Garner bound the case over to Grand Jury.


 5.3(c) 





(c) FINDINGS MAY BE BASED UPON HEARSAY EVIDENCE. The findings by the court shall be based on substantial evidence, which may be hearsay, in whole or in part, in the following forms: 






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