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  1. #1
    Join Date
    Sep 2006
    Posts
    102

    Default Testimony By Phone

    Can a police officer take any witness testimony over the phone for the State prosecution in a criminal case? Can that be done in advance of sending a subpoena to the witness? (Florida)

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,658

    Default Re: Testimony By Phone

    Can you please explain the context? Thanks.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,364

    Default Re: Testimony By Phone

    Sure. We can talk to anyone via any means. However, the person would have to be presented in some acceptable capacity (live link, in person, etc.) at trial. The police are not required to fly to another state to interview a witness face to face before sending a subpoena for trial.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    End of Watch: Deputy Danny Oliver

    End of Watch: Detective Michael Davis, Jr.

  4. #4
    Join Date
    Sep 2006
    Posts
    102

    Default Re: Testimony By Phone

    Thanks, that's makes sense. Either the State investigator or the local police could talk to a witness over the phone (if they weren't close enough to interview in person) to find out what they had to contribute to the State's case. Then after the arrest warrant was issued, those witnesses would be subpoenaed to testify at the trial in some accepted mode. Since, by law, people are supposed to give truthful statements to the police, the State could rely on the info gathered by the police. Correct?

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,364

    Default Re: Testimony By Phone

    The state cannot generally rely on the third hand accounts at trial as it would be hearsay. If the witness is that important, the state can arrange for either a teleconference or video testimony, or they will fly the witness in to testify. The police cannot simply relate what was told to them and offer it as proof.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    End of Watch: Deputy Danny Oliver

    End of Watch: Detective Michael Davis, Jr.

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