Does a police officer have a valid right to confront a defendant in the street?

California, United States of America


The following excerpt is from People v. Gray, E063277 (Cal. App. 2016):

gang experts at trial does not mean their primary purpose in obtaining this information was to use it against defendant in a later criminal prosecution. Rather, this information is useful to law enforcement as "part of their general community policing responsibilities quite separate from any use in some unspecified criminal prosecution. . . . [N]othing in the consensual encounters with gang members or officers suggests they might have reasonably understood [the] primary purpose [of these witnesses] was to use their statements in a later prosecution." (People v. Valadez (2013) 220 Cal.App. 4th 16, 36.) Thus, the experts' testimony did not give rise to a violation of defendant's confrontation rights or run counter to state hearsay rules.

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