Can a witness who is unavailable as a witness give evidence against an undercover law enforcement officer in a criminal case?
California, United States of America
The following excerpt is from People v. Elias, 2d Crim. No. B252267 (Cal. App. 2015):
Where, as here, a person who is unavailable as a witness inculpates himself and another person in conversations with an undercover law enforcement officer, his statements, if trustworthy, are admissible. Such statements are declarations against penal interest, are not "testimonial," and their admission does not violate the confrontation clause. (Crawford v. Washington (2006) 541 U.S. 36.)
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