What is the test for making statements in the course of police interrogation?

California, United States of America


The following excerpt is from People v. Jackmon, A157032 (Cal. App. 2020):

Importantly, "statements are not testimonial simply because they might reasonably be used in a later criminal trial." (People v. Romero (2008) 44 Cal.4th 386, 422.) "Statements are nontestimonial when made in the course of police interrogation under circumstances objectively indicating that the primary purpose of the interrogation is to enable police assistance to meet an ongoing emergency. They are testimonial when the circumstances objectively indicate that there is no such ongoing emergency, and that the

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primary purpose of the interrogation is to establish or prove past events potentially relevant to later criminal prosecution." (Davis v. Washington (2006) 547 U.S. 813, 822.)

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