People v. Morgan

Opinion

MORRISON, J.

In this case we consider a question that has in trigued and divided sóholars of the law of evidence, namely, whether implied assertions are hearsay. Here, the question arises in a common context. While officers were executing a search warrant for evidence of possession of a controlled substance for sale, an officer answers the phone and hears the caller ask to buy drugs. Are the caller’s questions and statements hearsay? We conclude that under the provisions of California’s Evidence Code the caller’s oral expressions are hearsay, but that case law, recognized and accepted…