Posted On: November 9, 2012 by Mary Frances Prevost

THE PUBLISHED COMPILATION HEARSAY EXCEPTION

Have you ever heard of the published compilation hearsay exception? California Evidence Code sec. 1340 says that a statement in a published compilation is admissible against a hearsay objection if the compilation is used and relied on as accurate in the course of
business.

Here, the DA got in testimony from a detective that the detective ran a cell phone number through Entersect, an online database, and the number came back to the defendant. The Court of Appeal says that the published compilation hearsay exception contemplates "an organized,
edited presentation of a finite quantity of information that, if not printed on paper, has been recorded and circulated in some fixed form analogous to printing."

There's no showing of that here. Moreover, there's that requirement that the information be relied on as "accurate." The mere fact that the police department uses the site, and pays for it, doesn't make it accurate. The C/A finds that admission of this information was error, though harmless.

People v. Franzen; 2012 DJ DAR 15281; DJ, 11/7/12; C/A 6th