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kdd1027

Research for a Paper (Hearsay Rule)

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Hello,

I am currently a student and am doing research for a paper regarding rules of evidence. I have reviewed the Federal Rules of Evidence concerning the Hearsay Rule, but have some additional questions.

 

1. Is the arresting officer allowed to testify in court as to what was said by the detainee after being informed of their Miranda Rights? Or would that be considered Hearsay?

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34 minutes ago, RetiredinVA said:

What kind of a student are you that would ask others to do your research for you? 

 

One which asks questions for clarification, and does not makes assumptions based on what he thinks he knows.  Clearly a foreign concept to you.

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Well I feel insulting someone who is asking a simple question for clarification is also unnecessary. There is no need to denigrate someone simply because they feel superior in some way. To insinuate that I am too lazy to do my own research is not justified because I ask a question for clarity. It also insinuates that I am acting in an unethical manner, which is inflammatory and unreasonable. 

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Hi @kdd1027

 

Welcome to the community and thanks for posting! FindLaw has some excellent resources about the Federal Rules of Evidence (FRE) that you can check out to aid you in your research, and you are absolutely welcome to post any research topics to gain insight from the legal community.

 

Regarding the question posed in your original post, pursuant to FRE 801(d)(2), a party's own statement is admissible and is not considered hearsay. So, if a criminal defendant made a statement to the police, in putting on its case the State may admit that statement into evidence as an opposing party's statement. Also, Miranda rights can be waived orally, this need not occur in writing.

 

Please let us know if you have additional questions!

The FindLaw.com Team

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