Cordovi v. State
3d DCA, 4/3/24
No. 3D22-1393, 2024 WL 1422701
Per Curiam
Topics: Excited Utterance; Hearsay
This citation PCA reminds us that a hearsay statement made in a 911 call can qualify as not testimonial where the facts show that the statement was not made in response to police questioning, and because the purpose of the call is to obtain assistance, not to make a record against someone. Non-testimonial statements can be admitted without violating the Confrontation Clause of the Sixth Amendment. And 911 calls can often be admitted under Florida’s hearsay rule if, under the facts of the case, they qualify for a hearsay exception as either a “spontaneous statement” or an “excited utterance.” A spontaneous statement is one that describes or explains an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter, except when such statement is made under circumstances that indicate its lack of trustworthiness. And an excited utterance is a statement or excited utterance relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.
