Legal Question in Criminal Law in Michigan

Re: 911 tape admisability

Whether it's admissible depends on why it's being used.

If it's being used to prove the truth of what's being said during the 911 call conversation, then it's "hearsay", and would be inadmissible unless one of the limited exceptions under the Michigan Rules of Evidence applies. One exception that might apply is the "excited utterance" exception. If the person talking to the 911 operator was talking about a startling event while still under the excitement of the event (eg, moments after being stabbed, the victim calls 911 and says "Johnny Jones just broke into my house and stabbed me! He just drove away!"), then a judge might let it into evidence to prove that Johnny Jones was the person who assualted the victim. The hearsay is admissible because it's unlikely that the victim contrived the statement if he/she was truly under the emotion of the event, and didn't have time to make up a lie before calling 911. There's a sufficient degree of trustworthiness to let it into evidence. (Of course, the defense will still argue to the jury that it's an unreliable piece of evidence.)

Maybe the tape isn't being offered to prove the truth of what's on the tape. For example, it might be used in court for impeachment as a prior inconsistent statement. If the caller said one thing to the 911 operator and another thing in court under oath, what was said in the call may be admissible to discredit the witness because his/her story is changing.

I hope this helps.