Exact Wording of an Admission is Not Needed to Enable a Person to Testify About the Admission

State of Utah Lamoreaux, 2010 UT 276, (Utah Court of Appeals, Memorandum Decision, October 7, 2010).

Defendant was convicted of distributing a controlled substance in a drug free zone.  Defendant argues that the Court should have stricken the testimony of the Officer regarding his alleged admission because the officer lacked personal knowledge of any admission.  At trial, the officer could not recall the exact words of the Defendant’s admission.  The officer testified that during a conversation with Defendant, he told Defendant “you know I’ve got all this information.  You know, just come clean, and tell me.”  He further testified that at some point Defendant told him “you’re right.”  The officer indicated that when Defendant said, “you’re right,” he was admitting to having assisted with the drug transaction.

The Court of Appeals found that this was sufficient knowledge and independent recollection to allow the testimony.  Further, they found that the Officer did not testify to anything that of which he did not have personal knowledge.

Full Decision available at http://www.utcourts.gov/opinions/mds/lamoreaux100710.pdf