Hammon v. Indiana

In Hammon v. Indiana, 829 N. E. 2d 444, 446 (Ind. 2005) police responded to a domestic disturbance at the Hammons' home. Id. "They found [Mrs. Hammon] alone on the front porch, appearing 'somewhat frightened.'" Id. (quoting Hammon v. Indiana, 829 N.E.2d 444, 446 (Ind. 2005)). She told them, however, that "nothing was the matter." Id. (quoting Hammon, 829 N.E.2d at 447). When they entered the house, they encountered Mr. Hammon, who told them "that he and his wife had 'been in an argument' but 'everything was fine now' and the argument 'never became physical.'" Id. By that point, Mrs. Hammon had come back inside so the officers took the couple into different rooms. The officer who was with Mrs. Hammon "again asked [her] what had occurred." Id. He also had her complete an affidavit regarding what had happened. Id. at 820. The Supreme Court concluded that Mrs. Hammon's statements to the officers were testimonial. "It [was] entirely clear from the circumstances that [their] interrogation was part of an investigation into possibly criminal past conduct." Id. at 829. "There was no emergency in progress; the interrogating officer testified that he had heard no arguments or crashing and saw no one throw or break anything." Id. "When the officers first arrived, [Mrs. Hammon] told them that things were fine and there was no immediate threat to her person." Id. at 829-30.