State v. Carlson

Officer Lewis was dispatched to an apartment in response to a domestic dispute between defendant and his wife, Lisa. Lewis asked if there were any methamphetamine in the apartment. Lisa told Lewis to go in and check around. Another police officer met defendant in the parking lot and noticed tracks on his arms. Without advising defendant of his constitutional rights, the police officer asked defendant about the track marks, to which the defendant replied, "Yeah, I got a few tracks." And then claimed that the tracks were the result of injuries received while working on a car. The defendant's wife then started yelling that defendant got the marks from shooting up in the bedroom. The defendant sat in silence and just shook his head while his wife was yelling. The trial judge admitted the Lisa's accusation and defendant's response.

As a precondition to the admissibility of evidence, which would otherwise be hearsay, the intent to adopt, agree with, or approve of the contents of another's statement is a question of fact for the judge.

Hearsay | Hearsay Exceptions | Admissions