What is the test for admitting an admission of a statement to a police officer that he would kill the first police officer to step inside his cell if he was not permitted to visit with his wife?

California, United States of America


The following excerpt is from People v. Silva, 247 Cal.Rptr. 573, 45 Cal.3d 604, 754 P.2d 1070 (Cal. 1988):

Defendant challenges the admission of his statement to a police officer that he would kill the first police officer to step inside his cell if he was not permitted to visit with his wife. Defendant claims that this statement was inadmissible, relying upon our opinion in People v. Boyd (1985) 38 Cal.3d 762, 215 Cal.Rptr. 1, 700 P.2d 782. The Attorney General concedes the error, but argues it was harmless.

Other Questions


Does a complaint to the police department asserting misconduct by a police officer constitute a crime prescribed under California Penal Code section 148.5 of reporting to police officer that a felony or misdemeanor has been committed? (California, United States of America)
Can a Defendant challenge a finding that the victim's statements to police officers were admissible as prior inconsistent statements? (California, United States of America)
Does a witness's statement that he was being followed by the police officer that he did not know what he was doing at the time of the incident affect the admissibility of the officer's report? (California, United States of America)
If renaming a police officer in the name of a police community support officer is a good cause for concern, and if so, what effect will the name have on the police community? (California, United States of America)
In what circumstances would the defense in a civil case have to call at least two police officers, the officer who was involved in a chase and the officer involved in the chase, and the person who was arrested for shots being fired from his car? (California, United States of America)
Can a defendant who claims self-defense to a charge of battery upon a police officer, who is also charged with battery upon the officer, obtain materials from the police department concerning the propensity for violence against the officer? (California, United States of America)
Is a statement made by a police officer on a body cam recording admissible as a public employee record? (California, United States of America)
Does the admission of a tape recording of a defendant's phone conversation with a police officer and the testimony of Officer Simonds violate his Sixth Amendment rights? (California, United States of America)
Are portions of each accomplice's statement to the police admissible under the prior inconsistent statement exception? (California, United States of America)
Can a police officer sue an officer from another police force for personal injury? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.