In Devis v. Bank of America (1998) 65 Cal.App.4th 1002, the communication was an excited utterance to a police officer who had just arrived on the scene, accusing plaintiff of the crime of forging a check. "Of necessity, it will often be the case that reports to the police will be made under circumstances in which they may be overheard by others, and under hurried or excited circumstances which preclude any possibility of privacy. Public policy is advanced by encouraging an individual who observes a crime to call that fact to the attention of police, even if circumstances make it impossible for the information to be whispered, or communicated in a private place. If the reporting individual were subject to liability when the statements were heard by others, the open channel of communication between citizens and the police furthered by the privilege would quickly close." (Devis, at p. 1011.)