United States v. Kizzee
United States Court of Appeals, Fifth Circuit
877 F.3d 650 (2017)
Police watched Carl Brown buy drugs at Pereneal Kizzee's (defendant's) house, then stopped Brown and found drugs in his hat. After questioning Brown, police obtained a warrant to search Kizzee's house and charged him with drug dealing and possessing guns and ammunition as a felon. At trial, the arresting officer testified he asked Brown about the drugs' source, whether Kizzee had more at his house, and whether Brown had bought from Kizzee before, answering yes each time, and then testified he used that information to get a search warrant for Kizzee's house. The defense's hearsay and Confrontation Clause objections were overruled, and Kizzee was convicted and appealed.
Whether testimony that enables a factfinder to infer out-of-court statements made to the person testifying is hearsay if used to establish the truth of those out-of-court statements to identify someone or prove guilt.