One of the core tenets of criminal procedure is that people accused of crimes have a right to question any witnesses who testify against them, pursuant to the confrontation clause. In practice, this means that statements that constitute hearsay are often inadmissible. The confrontation clause does not preclude all out-of-court statements, however, as shown in a recent Washington domestic violence case in which the court deemed a 911 call recording admissible. If you are faced with accusations that you engaged in an act of domestic violence, it is prudent to meet with a Tacoma domestic violence defense attorney to develop a plan to protect your interests.
Case Setting
It is reported that in June 2020, the trial court issued a no-contact order against the defendant, prohibiting any contact or proximity within 1,000 feet of the protected party, with the order set to expire in June 2022. In January 2022, the protected party’s daughter called 911 to report an altercation. During the call, the daughter repeatedly requested help while arguing could be heard in the background. The 911 operator asked for details, including the identity and relationship of the man involved, who the daughter identified as the defendant. After confirming that the man had left the scene, both the protected party and her daughter indicated that the defendant lived at the apartment and mentioned a restraining order.
Reportedly, the State charged the defendant with domestic violence, felony court order violation,. Prior to the trial, the defendant sought to suppress the 911 recording, arguing it would violate his confrontation rights. The trial court denied this motion, finding the statements in the call to be nontestimonial. The defendant then challenged this decision.
Admissibility of 911 Recordings in Criminal Cases
When reviewing the defendant’s confrontation clause challenge, the court focused on whether the 911 call statements were testimonial. In doing so, the court applied the primary purpose test, evaluating factors such as the immediacy of the situation, whether the statements were made during an ongoing emergency, the nature of the questions and responses, and the formality of the interrogation.
The court ultimately found that the statements made during the 911 call were nontestimonial, as they were primarily aimed at addressing an ongoing emergency rather than establishing facts for future prosecution. The court noted that the chaotic nature of the call, the urgency in requesting help, and the questions directed at assessing the immediate threat supported this conclusion. Therefore, the trial court’s admission of the 911 recording did not violate the defendant’s confrontation rights. The court also rejected the defendant’s other assertions and affirmed the trial court’s rulings and the defendant’s conviction.
Talk to an Assertive Tacoma Defense Attorney
If you are charged with a domestic violence offense, it is crucial to talk to an attorney about your options as soon as possible. The assertive Tacoma domestic violence defense attorneys at The Law Offices of Smith & White possess the skills and resources needed to aid you in pursuit of the best outcome available under the facts of your case. You can contact us through our form online or by calling us at 253-203-1645 to arrange a conference.