California, United States of America
The following excerpt is from People v. Gomez, F059747, Super. Ct. No. VCF178900 (Cal. App. 2011):
(People v. Preston (1973) 9 Cal.3d 308, 313-314; see Evid. Code, 1221.) "'For the adoptive admission exception [to the hearsay rule] to apply, ... a direct accusation in so many words is not essential.' [Citation.] 'When a person makes a statement in the presence of a party to an action under circumstances that would normally call for a response if the statement were untrue, the statement is admissible for the limited purpose of showing the party's reaction to it. [Citations.] His silence, evasion, or equivocation may be considered as a tacit admission of the statements made in his presence.' [Citation.]" (People v. Riel (2000) 22 Cal.4th 1153, 1189.)
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