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Abuse of Discretion – Hearsay Evidence

By: Derek Hawkins//August 18, 2021//

Abuse of Discretion – Hearsay Evidence

By: Derek Hawkins//August 18, 2021//

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7th Circuit Court of Appeals

Case Name: United States of America v. Lola Chang, et al.,

Case No.: 19-3500; 20-1111

Officials: MANION, ROVNER, and SCUDDER, Circuit Judges.

Focus: Abuse of Discretion – Hearsay Evidence

After sliding off the road on a snowy night, Lola Chang and Ey Lao were arrested after a police officer, originally approaching the car to check on their safety, grew suspicious and a search eventually turned up evidence of drugs and weapons. Chang and Lao both contend that the search violated their Fourth Amendment rights. Lao also challenged the district court’s ruling prohibiting the introduction of Chang’s later hearsay statement claiming possession of and responsibility for all of the illegal items in the car. Although the defendants are correct that the officer’s hunch alone was not sufficient justification for the seizure, other factors provided the reasonable suspicion necessary. Moreover, we have found no abuse of the district court’s discretion in barring the hearsay evidence.

Affirmed

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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