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  1. #1
    Join Date
    May 2013
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    28

    Default Objecting During an Officer's Testimony

    My question involves traffic court in the State of: California

    Will objections during an officer's testimony or the cross examination between the prosectuor and the cop be frowned upon in court? Might sound like a stupid question but... is that allowed? I plan on interposing hearsay objections when the officer says things like, "the traffic engineering survey is up to date", "I am certified to operate radar", "The radar was tested and calibrated", etc. Can those motions be denied even if he doesn't produce the documentation?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Objecting During an Officer's Testimony/Prosecutor-Officer Cross Examination

    It will be certainly frowned upon if your objections are spurious. None of those statements would appear to be hearsay. If you're going to make objections you better have proper legal grounds for doing so. Further, while you didn't ask, crossexamination isn't time for you to ARGUE with the witness. If you have points you can't elicit through questions, you'll have to introduce them through your own direct evidence.

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Objecting During an Officer's Testimony/Prosecutor-Officer Cross Examination

    I would assume that objections would be ruled upon and the case moves forward .. a good judge would not hold it against you. Cite case law and he'll see that you believe it is a valid objection.

    I object ALL the time ... w/o objecting, you waive it for later consideration...a fatal mistake in some cases.

    Object to : legal conclusions, non-expert opinion, etc .. read Melendez-Diaz and other cases that cite it .. his testimony that it was calibrated is a legal conclusion IMO.

    A judge can deny any motion or objection .. if he does, just move on ~ you made a record of it for review later if needed.

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