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)
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)
Can you please explain the context? Thanks.
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
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?
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