United States v. Polidore
United States Court of Appeals for the Fifth Circuit
690 F.3d 705 (2012)
- Written by Sean Carroll, JD
Facts
An anonymous person called 911 twice to report drug activity near his apartment. The 911 operator asked a series of questions, and the caller stated in present tense that Kennedy Polidore (defendant) was selling crack, wearing green shorts and a white shirt, and at one point, “just sitting on the steps.” The caller also identified the car from which Polidore was selling and stated that he could see it “right now.” In response to the calls, police officers went to the scene and arrested Polidore. Polidore was charged with possession of crack cocaine with intent to distribute. At trial, the prosecution (plaintiff) introduced portions of the two 911 calls, over Polidore’s objection. Polidore was convicted, and he appealed, arguing that the calls were inadmissible hearsay.
Rule of Law
Issue
Holding and Reasoning (Garza, J.)
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