Ali v. State

In Ali v. State, 314 Md. 295, 550 A.2d 925 (1988), the Court addressed a scenario comparable to the one before us. In that case, the Court determined that, even though police reports may, under certain circumstances, be admissible under the public records exception to the hearsay rule, this does not mean, as Diggs suggests, that hearsay contained within the report is also admissible. Id. at 305. Instead, the Court held that hearsay contained within a police officer's report was inadmissible except for purposes of impeachment. Id. In so holding, the Court explained that: "Embraced within the concept of direct sense impressions is not only what the officer sees, but also what the officer may hear, feel, taste, or smell, and if such sensory observations are properly recorded in a business record, they may be admissible. If what the officer hears is a "fact," such as an audible warning heard at a railroad gate crossing, and if that fact is relevant, it will be admissible. Complications arise when what is heard and recorded is the speech of another. In that instance, one must determine whether the words spoken, because they may constitute second level hearsay, ought to be redacted from a report otherwise admissible. Logically, the first inquiry ought to be whether the words are hearsay at all. If they are not, their admission would not offend the hearsay rule. If they are, a further analysis must be undertaken to determine whether there exist separate circumstantial guarantees of trustworthiness sufficient to permit their admission as an exception to the hearsay rule." Id. at 303-04 .