Can Emergency Statements to the 911 Dispatcher Be Used In Court ?
Are emergency statements to the 911 dispatcher admissible as evidence ?
In People v. Dominguez, 382 Ill. App. 3d 757, 888 N.E.2d 1205, 321 Ill. Dec. 272 (2008), an alleged victim of domestic violence placed a 911 call on Christmas morning. Dominguez, 382 Ill. App. 3d at 761.
She told the 911 dispatcher that she was just then able to get away from the defendant, who had kept her overnight.
She claimed that the defendant had injured her during the night, but she first noticed the injuries in her car mirror. Dominguez, 382 Ill. App. 3d at 761.
The Court held that the statements to the 911 dispatcher were not testimonial:
"Any reasonable listener of the 911 tape would conclude that the caller was facing an ongoing emergency and was describing events as they were unfolding.
While her injuries may have occurred during the overnight hours the caller did not become cognizant of her injuries until she was able to break away from defendant and entered her vehicle." Dominguez, 382 Ill. App. 3d at 767-68.