Wednesday, May 24, 2023

Information From GPS System Found Not to be Hearsay (Criminal Court Decision)

 

In the case of Commonwealth v. Wallace, No. 93 MAP 2021 (Pa. Feb. 22, 2023)(Op. by Todd, C.J.)(Wecht, J. Concurring), the Pennsylvania Supreme Court held that a global positioning system (GPS data) is not inadmissible hearsay under Pa. R.E. 803 (setting forth hearsay exceptions).

Such information was found not to be hearsay because that information does not constitute a statement made by a declarant as outlined in Pa. R.E. 801 and/or is not an assertion (or the nonverbal conduct) by a person.

As this decision may prove useful in a civil litigation matter, it is highlighted here on Tort Talk.    

Here is a LINK to the Court's Majority Opinion.  The Concurring Opinion by Justice Wecht can be viewed HERE,

Source of image:  Photo by Tamas Tuzes-Katai on www.unsplash.com.

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