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  1. #1
    Join Date
    Jan 2006
    Location
    West Virginia
    Posts
    36

    Default 911 Call and Excited Utterance

    I had a question..I called 911 to tell on my husband 10 minutes after we had an argument. During this time I had gone to my sister who was sitting upstairs to cool down , and then I was angry at my husband all over again and came down picked up the phone and threatened to call 911. My husband kept on challenging me to do so, and I finally did it. I was very calm while talking to the operator, so much so that in the end, when she asked me if she should stay on the line with me I told her "no, Im fine" which I said very reassuringly. anyone who hears this call can see how calm I was.

    My question is, that can my husbands lawyer get this call excluded from trial, either it being under "testimonial" or NOT AN "excited utterance"

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 911 Call

    The questioning during a 911 call is generally regarded as non-testimonial, as the purpose of the questioning is to facilitate the rendering of aid as opposed to investigating a possible crime.

    But if you were clearly not excited during the 911 call, it shouldn't be possible to introduce it as an "excited utterance". If your husband seeks to exclude the recording, the judge will likely consider how you sound on the tape when determining whether or not you were in an excited state of mind.

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