Washingtonmoderate defenseevidentiaryfoundational
Officer report is inadmissible hearsay without declarant (IRLJ 3.1 / RCW 46.63.170)
Legal basis
Under IRLJ 3.1(b)(2) and RCW 46.63.170(4), photo-enforcement and in-person infraction reports must be supported by a qualified declarant. A bare officer narrative lacking device foundation is hearsay.
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The officer’s report relies on statements and device readings for which no qualified declarant has laid foundation. Under RCW 46.63.170(4), this evidence is inadmissible hearsay and the infraction must be dismissed.
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