A Memo on Hearsay
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MEMORANDUM
ISSUES
I. Whether the e-mails written by Summer and Ryan are admissible, and if so, for what purpose(s)?
II. Whether the dating privilege applies to Summer.
III. Whether the seizure of the packet of white powder was proper.
SHORT ANSWERS
I. The e-mails written by Summer and Ryan are admissible because they express the feelings and mental states of both Summer and Ryan, and those feelings are material to this case. In addition, the e-mails can be authenticated and are therefore admissible as evidence.
II. The dating privilege does not apply to Summer because under both the “factor approach” and the “definitional approach” Summer and Ryan do not have a “dating relationship.”
III. The seizure of the white packet was proper because the “plain view” doctrine applies in this case. The police officer acted reasonably when he pulled Ryan over for a broken tail light, and since he inadvertently came across the packet of white powder, the seizure was proper.
DISCUSSION
I. THE E-MAILS ARE ADMISSABLE IN ORDER TO HELP ESTABLISH WHETHER SUMMER AND RYAN WERE DATING.
The Federal Rules of Evidence provides: “Hearsay is a statement, other than one made