LEGAL GUIDE
Written by attorney Ninaz Saffari

How to Challenge a "9-1-1" Call from an Alleged Victim in a Domestic Violence Case in California

This legal guide explains: (a) how a criminal defense attorney or Domestic Violence defendant in California can exclude from evidence a "9-1-1" call/recording made by the alleged victim; and (b) how to challenge that recording if the judge does admit it into evidence.

Additional resources provided by the author

Statutes: 1) The Confrontation Clause of the Sixth Amendment of the United States of the Constitution (applicable to all 50 states via the Fourteenth Amendment); 2) California Penal Code section 273.5(a) PC; 3) California Penal Code section 243(e)(1) PC; 4) California Evidence Code section 1200. Cases: 1) Ohio v. Roberts, 448 U.S. 56 (1980); 2) Crawford v. Washington, 541 U.S. 36 (2004); 3) Davis v. Washington, 547 U.S. 813 (2006); 4) Hammon v. Indiana, 546 U.S. 1213 (2006); 5) People v. Sanchez (2016) 63 Cal.4th 665 (California Supreme Court). Secondary Sources: 1) Jeanine Percival, The Price of Silence: The Prosecution of Domestic Violence Cases in Light of Crawford v. Washington, 79 S. CAL. L. REV. 213, 234–37 (2005); 2) John M. Leventhal & Liberty Aldrich, The Admission of Evidence in Domestic Violence Cases after Crawford v. Washington: A National Survey, Berkeley J. Crim. L., vol. 11, issue 1, art. 3 (2006); 3) Justin Chou, Melendez-Diaz v. Massachusetts:Raising the Confrontation Requirements for Forensic Evidence in California, Berkeley J. Crim. L. (May 13, 2010).

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