Also known as: matters observed by law-enforcement personnel · matter observed by law enforcement personnel · matters observed pursuant to duty · public records exception · FRE 803(8)
Written by attorneys · grounded in primary & secondary sources — see below
An observation recorded by law-enforcement personnel in a public document. The public records hearsay exception excludes such observations when the government offers the document against a defendant in a criminal case.
Prosecutors charged Monica Morgan with drug possession after a traffic stop. They sought to introduce a patrol officer's incident report describing the discovery of contraband in her vehicle. The court excluded the report because the observations came from law-enforcement personnel and the government offered the document against the defendant in a criminal prosecution.
Maria Morales sued Mirage Hotels after a slip-and-fall injury. She offered a city police report that recorded an officer's on-scene measurements and conclusions about the hazard. The court admitted the report because the case was civil and the exclusion for law-enforcement observations applies only in criminal prosecutions brought by the government.
Select any source to read its text and confirm it supports the definition.
The exception bars the report in a criminal case when the government offers it against the defendant. The rule expressly excludes matters observed by law-enforcement personnel from the hearsay exception in that setting.
Supporting sources
No. The limitation on matters observed by law-enforcement personnel applies only in criminal cases when the government offers the evidence against the defendant. Civil cases and criminal cases in which the government is the defendant remain eligible for admission under the exception.
Supporting sources
The rule requires live testimony from the officer in criminal prosecutions to satisfy both the hearsay exception and the Confrontation Clause. The exclusion prevents the government from introducing the officer's out-of-court observations through the public records exception.
Supporting sources
…data compilations, in any form, of public offices or agencies, setting forth (A) the activities of the office or agency, or (B) matters observed pursuant to duty imposed by law as to which matters there was a duty to report, . . . or (C) in civil actions and proceedings and against the Government in criminal cases, factual findings resulting from an…