Pitts v. State (2006)

In Pitts v. State, 280 Ga. 288 (627 SE2d 17) (2006), the Supreme Court of Georgia addressed a situation involving a 911 tape and held that 911 tapes should be reviewed on a case-by-case basis to determine whether they are testimonial or not. Where the primary purpose of the call "is to establish evidentiary facts, so that an objective person would recognize that the statement would be used in a future prosecution, then that phone call 'bears testimony' against the accused and implicates the concerns of the Confrontation Clause." Id. at 289. On the other hand, where the primary purpose of the call is "to avert a crime in progress or to seek assistance in a situation involving immediate danger, then the statements made during the phone call are not testimonial." Id.