Davis v. Washington
United States Supreme Court
547 U.S. 813 (2006)
In the companion Davis case, McCottry made frantic statements to a 911 operator identifying Davis (defendant) as her attacker while the domestic assault was actively ongoing, and the recording was admitted at his trial over objection. In the companion Hammon case, police responding to a completed domestic disturbance found Amy Hammon appearing frightened but denying anything was wrong, then separately questioned her, eliciting a written statement describing her husband Hershel Hammon's (defendant) violence after the immediate danger had passed; Amy did not testify at trial, and the officer's testimony and her affidavit were introduced instead.
Whether statements made to law enforcement personnel during a 911 call or at a crime scene for the purpose of assisting the police to meet an ongoing emergency are "testimonial" and thus subject to the requirements of the Sixth Amendment's Confrontation Clause.