California, United States of America
The following excerpt is from People v. Adams, C085290 (Cal. App. 2019):
In Michigan v. Bryant (2011) 562 U.S. 344 [179 L.Ed.2d 93] (Bryant), police officers questioned a man found in a gas station parking lot bleeding from a gunshot wound. (Id. at p. 349.) The court held that the man's statements were not testimonial because an ongoing emergency had not been resolved, the scene was not secured, the shooter was at large, and the victim was in great distress (the wound ultimately proved fatal), which suggested his answers were not given for testimonial purposes. (Id. at p. 375.) The court noted that the questions were asked in a public area before emergency medical personnel arrived and were the type of questions (i.e., what happened?) that police need to ask to assess the threat to their own safety and danger to the victim and the public. (Id. at pp. 375-376.)
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