| C. Overruled.
An investigating officer may discuss what he learns in his
investigation.
Incorrect.
While the objection should be overruled, the reason
is not the one stated. An officer does not have unbridled
freedom to testify about an investigation; instead, the
officers testimony is subject to the normal hearsay
rules. But in this example the officers statement
is not hearsay. Since Bob is a party, out-of-court statements
by Bob that are relevant are not hearsay and are admissible
as admissions by an opposing party under Rule 11-801(D)(2)(a)
NMRA 1999. In this version, the officer is testifying about
an out-of-court statement made directly to him by Bob, a
party, so the evidence is not hearsay. In Question 2, the
statement was not admissible because Allen was attempting
to testify as to what Officer Ketchum said, not as to what
Bob said.
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