Issue

Cell phone records—strictly computer-generated data—neither hearsay nor testimonial—Confrontation Clause—inapplicable

Summary

In a prosecution for multiple sexual offenses against a minor, the trial court did not violate the Confrontation Clause or the rule against hearsay by admitting defendant's cell phone records along with a derivative record showing communications between his and the victim's phones. First, the records consisted of strictly computer-generated data, created without any human judgment or input; therefore, they did not constitute hearsay, which necessarily refers to statements made by a human "declarant" capable of making assertions. Second, even though law enforcement later accessed the records with the primary purpose of producing evidence for defendant's trial, the computer systems that generated the cell phone data as part of the phone company's day-to-day operations could not have created the records for that same primary purpose, especially since machines, by their nature, cannot act with intent at all; therefore, the records were not testimonial either.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →