California, United States of America
The following excerpt is from People v. Allen, B245581 (Cal. App. 2014):
In Nealy, police officers testified they answered several phone calls from individuals interested in buying cocaine during their search of the defendant's residence. (Nealy, supra, at pp. 450-451.) The appellate court concluded the calls were not hearsay, reasoning, "subject to Evidence Code section 352, and appropriate editing, when a police officer participates in a telephone conversation where he is lawfully executing a search warrant and hears a third person offer to purchase a controlled substance, testimony thereon is not made inadmissible by the hearsay rule and may be received as circumstantial evidence tending to show the controlled substance seized at that location was possessed for purposes of sale." (Id. at p. 452; see also People v. Ventura (1991) 1 Cal.App.4th 1515, 1517-1519.)
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