In the case of United States v. Grady(544 F.2d 598 (1976)), Grady and Jankowski were suspected of shipping guns to the Irish Republican Army. The prosecution attempted to introduce Irish Police records to show that the guns in question had been found in Ireland.
- The prosecution argued that the records were admissible under the FRE 803(8) exception to hearsay because they were public records.
- Grady argued that they didn’t fall under that exception because FRE 803(8)(B) specifically excludes “observations by police officers and law enforcement personnel.”
- The Appellate Court found that the evidence was admissible because the Irish records were not made in an attempt to prosecute Grady, they were just routine records kept by the Irish police of weapons’ serial numbers.
- Basically, only records made specifically for litigation/prosecution are inadmissible. Other police records made for routine purposes are still admissible under FRE 803(8)(B).