davis washington argued march decided june operator ascertained michelle mccottry assaulted former boyfriend petitioner davis fled scene mccottry testify davis trial felony violation domestic order admitted recording despite davis objection based sixth amendment confrontation clause convicted washington appeals affirmed state concluded inter alia portion conversation mccottry identified davis assailant testimonial police responded reported domestic disturbance home amy hershel hammon amy told nothing wrong gave permission enter inside one officer kept petitioner hershel kitchen interviewed amy elsewhere complete sign battery affidavit amy appear hershel bench trial inter alia domestic battery affidavit testimony officer questioned admitted hershel objection opportunity hershel convicted indiana appeals affirmed relevant part state also affirmed concluding although amy affidavit testimonial wrongly admitted harmless beyond reasonable doubt held confrontation clause bars admission testimonial statements witness appear trial unless unavailable testify defendant prior opportunity crawford washington cases require determine police interrogations produce statements fall within prohibition without attempting produce exhaustive classification conceivable statements either testimonial nontestimonial suffices decide present cases hold statements nontestimonial made course police interrogation circumstances objectively indicating primary purpose interrogation enable police assistance meet ongoing emergency testimonial circumstances objectively indicate ongoing emergency primary purpose interrogation establish prove past events potentially relevant later criminal prosecution pp mccottry statements identifying davis assailant testimonial pp case requires decide whether confrontation clause applies testimonial hearsay whether recording qualifies crawford suggested answer first question noting confrontation clause applies accused words testimony testimonial statements cause declarant witness unaware early american case invoking confrontation clause right confrontation involve testimony thus defined well century jurisprudence carefully applied testimonial context later cases never practice dispensed confrontation clause requirements unavailability prior cases involving testimonial hearsay pp question davis therefore whether objectively considered interrogation call produced testimonial statements contrast crawford interrogation took place police station directed solely establishing past crime call ordinarily designed primarily describe current circumstances requiring police assistance difference apparent mccottry speaking events actually happening crawford interrogation took place hours events occurred moreover mccottry facing ongoing emergency statements elicited necessary enable police resolve present emergency rather simply learn happened past finally difference level formality striking crawford calmly answered questions station house taping taking notes mccottry frantic answers provided phone environment tranquil even safe thus circumstances interrogation objectively indicate primary purpose enable police assistance meet ongoing emergency acting witness testifying pp amy hammon statements testimonial much different crawford clear circumstances amy interrogation part investigation possibly criminal past conduct emergency progress told police arrived things fine officer questioning seeking determine happening happened objectively viewed primary sole purpose investigation investigate possible crime formal features crawford interrogation strengthened statements testimonial aspect features essential point cases declarants separated defendants statements recounted potentially criminal past events began progressed interrogation took place time events reasons comparison crawford compelling comparison davis unpersuasive statements davis taken mccottry alone unprotected police apparently immediate danger davis seeking aid telling story past pp indiana courts may determine remand whether claim forfeiture wrongdoing one obtains witness absence wrongdoing forfeits constitutional right confrontation properly raised hammon whether meritorious absent finding sixth amendment operates exclude amy hammon affidavit pp affirmed reversed remanded scalia delivered opinion roberts stevens kennedy souter ginsburg breyer alito joined thomas filed opinion concurring judgment part dissenting part adrian martell davis petitioner washington writ certiorari washington hershel hammon petitioner indiana writ certiorari indiana june justice scalia delivered opinion cases require us determine statements made law enforcement personnel call crime scene testimonial thus subject requirements sixth amendment confrontation clause relevant statements davis washington made emergency operator february operator answered initial call connection terminated anyone spoke reversed call michelle mccottry answered ensuing conversation operator ascertained mccottry involved domestic disturbance former boyfriend adrian davis petitioner case operator hello complainant hello operator going complainant jumpin operator okay listen carefully house apartment complainant house operator weapons complainant usin fists operator okay drinking complainant operator okay sweetie got help started stay line okay complainant line operator listen carefully know last name complainant davis operator davis okay first name complainant adran operator complainant adrian operator adrian complainant yeah operator okay middle initial complainant martell runnin app pp conversation continued operator learned davis un door hitting mccottry leaving car someone else mccottry started talking operator cut saying stop talking answer questions gathered information davis including birthday learned davis told mccottry purpose coming house get stuff since mccottry moving mccottry described context assault operator told police way gon na check area first operator said gon na come talk police arrived within four minutes call observed mccottry shaken state fresh injuries forearm face frantic efforts gather belongings children leave residence en banc state charged davis felony violation domestic order state witnesses two police officers responded call officers testified mccottry exhibited injuries appeared recent neither officer testify cause injuries ibid mccottry presumably testified whether davis assailant appear davis objection based confrontation clause sixth amendment trial admitted recording exchange operator jury convicted washington appeals affirmed app washington one dissenting justice also affirmed concluding portion conversation mccottry identified davis testimonial portions conversation testimonial admitting harmless beyond reasonable doubt granted certiorari hammon indiana police responded late night february reported domestic disturbance home hershel amy hammon ind found amy alone front porch appearing frightened told matter gave permission enter house officer saw gas heating unit corner living room flames coming partial glass front pieces glass ground front flame emitting front heating unit app hershel meanwhile kitchen told police wife argument fine argument became physical point amy come back inside one officers remained hershel went living room talk amy asked occurred ibid app hershel made several attempts participate amy conversation police see rebuffed officer later testified hershel became angry insisted stay separated hammon investigate happened hearing amy account officer fill sign battery affidavit amy handwrote following broke furnace shoved floor broken glass hit chest threw broke lamps phone tore van leave house attacked daughter state charged hershel domestic battery violating probation amy subpoenaed appear subsequent bench trial state called officer questioned amy asked recount amy told authenticate affidavit hershel counsel repeatedly objected admission evidence see one point hearing prosecutor defend affidavit made oath defense counsel said give us opportunity cross examine person allegedly drafted makes mad nonetheless trial admitted affidavit present sense impression amy statements excited utterances expressly permitted kinds cases even declarant available testify officer thus testified amy informed hershel argument became irrate sic fact daughter going boyfriend house argument became physical verbal informed hammon verbal part argument breaking things living room believe stated broke phone broke lamp broke front heater became physical threw glass heater informed hammon pushed onto ground shoved head broken glass heater punched chest twice believe trial judge found hershel guilty charges indiana appeals affirmed relevant part indiana also affirmed concluding amy statement admissible purposes excited utterance statement one given taken significant part purposes preserving potential future use legal proceedings motivations questioner declarant central concerns amy oral statement testimonial standards also concluded although affidavit testimonial thus wrongly admitted harmless beyond reasonable doubt largely trial bench granted certiorari ii confrontation clause sixth amendment provides criminal prosecutions accused shall enjoy right confronted witnesses crawford washington held provision bars admission testimonial statements witness appear trial unless unavailable testify defendant prior opportunity critical portion holding portion central resolution two cases us phrase testimonial statements statements sort cause declarant witness within meaning confrontation clause see testimonial character statement separates hearsay subject traditional limitations upon hearsay evidence subject confrontation clause opinion crawford set forth arious formulations core class statements found unnecessary endorse statements qualify definition among said tatements taken police officers course interrogations ibid see also questioning generated deponent statement crawford made recorded police custody given miranda warnings possible suspect qualifies conceivable definition therefore define term except say use colloquial rather technical legal sense one imagine various definitions need select among case ibid character statements present cases clear cases require us determine precisely police interrogations produce testimony without attempting produce exhaustive classification conceivable statements even conceivable statements response police interrogation either testimonial nontestimonial suffices decide present cases hold follows statements nontestimonial made course police interrogation circumstances objectively indicating primary purpose interrogation enable police assistance meet ongoing emergency testimonial circumstances objectively indicate ongoing emergency primary purpose interrogation establish prove past events potentially relevant later criminal iii crawford sufficed resolution case us determine even sixth amendment solely concerned testimonial hearsay primary object interrogations law enforcement officers fall squarely within class moreover described facts case spared us need define meant interrogations davis case today permit us luxury indecision inquiries police operator course interrogation one sense sense qualifies conceivable definition must decide therefore whether confrontation clause applies testimonial hearsay whether recording call qualifies answer first question suggested crawford even explicitly held text confrontation clause reflects focus testimonial hearsay applies accused words testimony webster american dictionary english language turn typically solemn declaration affirmation made purpose establishing proving fact ibid accuser makes formal statement government officers bears testimony sense person makes casual remark acquaintance limitation clearly reflected text constitutional provision must fairly said mark merely core perimeter aware early american case invoking confrontation clause right confrontation clearly involve testimony thus well century confrontation clause jurisprudence carefully applied testimonial context see reynolds testimony prior trial subject confrontation clause petitioner forfeited right procuring witness absence mattox prior trial testimony deceased witnesses admitted subject kirby guilty pleas jury conviction others admitted show property defendant received stolen motes written deposition subject admissible witness available dowdell facts regarding conduct prior trial certified judge clerk official reporter relate defendants guilt innocence hence statements witnesses confrontation clause even later cases conforming reasoning ohio roberts never practice dispensed confrontation clause requirements unavailability prior cases involved testimonial hearsay see crawford cases dispense requirements even roberts approach statements issue clearly nontestimonial see bourjaily statements made unwittingly government informant dutton evans plurality opinion statements one prisoner another american cases applying confrontation clause state constitutional counterparts involved testimonial statements formal sort sworn testimony prior judicial proceedings formal depositions oath invites argument scope clause limited formal category english cases progenitors confrontation clause limit exclusionary rule prior testimony formal depositions see crawford supra event think conceivable protections confrontation clause readily evaded policeman recite unsworn hearsay testimony declarant instead declarant sign deposition indeed one point case english early american state federal cited question us davis whether objectively considered interrogation took place course call produced testimonial statements said crawford supra interrogations law enforcement officers fall squarely within class testimonial hearsay immediately mind case us interrogations solely directed establishing facts past crime order identify provide evidence convict perpetrator product interrogation whether reduced writing signed declarant embedded memory perhaps notes interrogating officer testimonial terms american dictionary quoted crawford solemn declaration affirmation made purpose establishing proving fact solemnity even oral declaration relevant past fact investigating officer well enough established severe consequences attend deliberate falsehood see stewart false statements made federal investigators violate state reed wi state criminal offense knowingly giv false information officer intent mislead officer performance duty call hand least initial interrogation conducted connection call ordinarily designed primarily establis prov past fact describe current circumstances requiring police assistance difference interrogation davis one crawford apparent face things davis mccottry speaking events actually happening rather describ ing past events lilly virginia plurality opinion sylvia crawford interrogation hand took place hours events described occurred moreover reasonable listener recognize mccottry unlike sylvia crawford facing ongoing emergency although one might call provide narrative report crime absent imminent danger mccottry call plainly call help bona fide physical threat third nature asked answered davis viewed objectively elicited statements necessary able resolve present emergency rather simply learn crawford happened past true even operator effort establish identity assailant dispatched officers might know whether encountering violent felon see hiibel sixth judicial dist humboldt finally difference level formality two interviews striking crawford responding calmly station house series questions taping making notes answers mccottry frantic answers provided phone environment tranquil even far reasonable operator make safe conclude circumstances mccottry interrogation objectively indicate primary purpose enable police assistance meet ongoing emergency simply acting witness testifying said weaker substitute live testimony trial inadi like lord cobham statements raleigh case tr jane dingler ex parte statements husband king dingler leach eng sylvia crawford statement crawford cases ex parte actors evidentiary products ex parte communication aligned perfectly courtroom analogues mccottry emergency statement witness goes proclaim emergency seek help davis seeks cast mccottry unlikely role witness pointing english cases none involves statements made ongoing emergency king brasier leach eng example young rape victim immediately coming home told circumstances injury mother eng case helpful davis relevant statement girl screams aid chased assailant time victim got home story account past events say conversation begins interrogation determine need emergency assistance indiana put evolve testimonial statements purpose achieved case example operator gained information needed address exigency moment emergency appears ended davis drove away premises operator told mccottry quiet proceeded pose battery questions readily maintained point mccottry statements testimonial unlike structured police questioning occurred crawford trial courts recognize point sixth amendment purposes statements response interrogations become testimonial limine procedure redact exclude portions statement become testimonial example unduly prejudicial portions otherwise admissible evidence davis jury hear complete call although may well heard testimonial portions asked classify mccottry early statements identifying davis assailant agree washington testimonial also concluded even later parts call testimonial admission harmless beyond reasonable doubt davis challenge holding therefore assume correct determining testimonial nontestimonial character statements product interrogation hammon much easier task since much different statements found testimonial crawford entirely clear circumstances interrogation part investigation possibly criminal past conduct indeed testifying officer expressly acknowledged app emergency progress interrogating officer testified heard arguments crashing saw one throw break anything officers first arrived amy told things fine immediate threat person officer questioned amy second time elicited challenged statements seeking determine davis happening rather happened objectively viewed primary indeed sole purpose interrogation investigate possible crime course precisely officer done true crawford interrogation formal followed miranda warning took place station house see features certainly strengthened statements testimonial aspect made objectively apparent purpose exercise nail truth past criminal events none essential point formal enough amy interrogation conducted separate room away husband tried intervene officer receiving replies use investigat ion app called striking resemblance crawford statement ex parte examinations shared amy statement declarants actively separated defendant officers forcibly prevented hershel participating interrogation statements deliberately recounted response police questioning potentially criminal past events began progressed took place time events described statements official interrogation obvious substitute live testimony precisely ness direct examination inherently indiana amicus curiae argue case resolved much like davis reasons find comparison crawford compelling find comparison davis unpersuasive statements davis taken mccottry alone unprotected police amy hammon protected apparently immediate danger davis seeking aid telling story past mccottry statements showed immediacy amy narrative past events delivered remove time danger described amy answered officer questions execute affidavit order testified establish events occurred previously app although necessarily reject indiana implication virtually initial inquiries crime scene testimonial see hold opposite questions scene yield nontestimonial answers already observed domestic disputes fficers called investigate need know dealing order assess situation threat safety possible danger potential victim hiibel exigencies may often mean initial inquiries produce nontestimonial statements cases like one amy statements neither cry help provision information enabling officers immediately end threatening situation fact given alleged crime scene initial inquiries immaterial cf crawford supra iv respondents cases joined number amici contend nature offenses charged two cases domestic violence requires greater flexibility use testimonial evidence particular type crime notoriously susceptible intimidation coercion victim ensure testify trial occurs confrontation clause gives criminal windfall may however vitiate constitutional guarantees effect allowing guilty go free cf kyllo suppressing evidence illegal search defendants seek undermine judicial process procuring coercing silence witnesses victims sixth amendment require courts acquiesce defendants duty assist state proving guilt duty refrain acting ways destroy integrity system reiterate said crawford rule forfeiture wrongdoing extinguishes confrontation claims essentially equitable grounds citing reynolds one obtains absence witness wrongdoing forfeits constitutional right confrontation take position standards necessary demonstrate forfeiture federal courts using federal rule evidence codifies forfeiture doctrine generally held government standard see scott state courts tend follow practice see commonwealth edwards mass moreover hearing forfeiture required edwards instance observed hearsay evidence including unavailable witness statements may considered roberts approach confrontation clause undoubtedly made recourse doctrine less necessary prosecutors show reliability ex parte statements easily show defendant procurement witness absence crawford overruling roberts destroy ability courts protect integrity proceedings determined absent finding forfeiture wrongdoing sixth amendment operates exclude amy hammon affidavit indiana courts may asked determine remand whether claim forfeiture properly raised whether meritorious affirm judgment washington reverse judgment indiana remand case proceedings inconsistent opinion ordered adrian martell davis petitioner washington writ certiorari washington hershel hammon petitioner indiana writ certiorari indiana june justice thomas concurring judgment part dissenting part crawford washington abandoned general reliability inquiry long employed judge admissibility hearsay evidence confrontation clause describing inquiry inherently therefore permanently unpredictable emphasis original today mere two years decided crawford adopts equally unpredictable test district courts charged divining primary purpose police interrogations ante besides difficult courts apply test characterizes testimonial therefore inadmissible evidence bears little resemblance recognized evidence targeted confrontation clause neither cases today implicate confrontation clause appropriately targeted standard concur judgment davis washington dissent resolution hammon indiana confrontation clause provides criminal prosecutions accused shall enjoy right confronted witnesses amdt recognized operative phrase clause witnesses interpreted narrowly reach witnesses actually testify trial broadly reach many whose statements offered trial crawford supra white illinois thomas concurring part concurring judgment narrowest interpretation clause conflict history giving rise adoption clause precedent rejected reading see crawford supra white supra opinion thomas rejection narrowest view clause however require broadest application clause exclude otherwise admissible hearsay evidence history surrounding right confrontation supports conclusion developed target particular practices occurred english bail committal statutes passed reign queen mary namely mode criminal procedure particularly use ex parte examinations evidence accused crawford supra white supra opinion thomas mattox predominant purpose marian committal statute institute systematic questioning accused witnesses langbein prosecuting crime renaissance emphasis added statute required oral examination suspect accusers transcription within two days examinations physical transmission judges hearing case examinations came used evidence cases lieu personal appearance witness crawford supra holdsworth history english law many statements inadmissible matter hearsay law bear little resemblance evidentiary practices framers proposed confrontation clause prevent see crawford supra contrasting overheard remark abuses targeted confrontation clause accordingly unlikely framers intended word witness read broadly include statements cf dutton evans harlan concurring result rejecting assumption core purpose confrontation clause sixth amendment prevent overly broad exceptions hearsay rule crawford recognized history squared language clause giving rise workable accurate interpretation itnesses said testimony quoting webster american dictionary english language solemn declaration affirmation made purpose establishing proving fact ibid quoting webster supra admittedly set forth detailed framework addressing whether statement testimonial thus subject confrontation clause plain terms testimony definition endorsed necessarily require degree solemnity statement deemed testimonial requirement solemnity supports view statements regulated confrontation clause must include extrajudicial statements contained formalized testimonial materials affidavits depositions prior testimony confessions white supra opinion thomas affidavits depositions prior testimony nature taken formalized process likewise confessions extracted police formal manner carry sufficient indicia solemnity constitute formalized statements accordingly bear striking resemblance crawford supra examinations accused accusers marian see generally langbein supra although concedes early american cases invoking right confrontation confrontation clause clearly involve testimony defined crawford ante fails acknowledge cases cites fall within narrower category formalized testimonial materials proposed see ante interactions police accused witnesses resemble marian proceedings early cases interactions somehow rendered formal crawford example interrogation custodial taken warnings given pursuant miranda arizona quoting miranda supra imports solemnity process present mere conversation witness suspect police concedes case cited conclusion confrontation clause also applies informal police questioning certain circumstances ante instead sole basis conclusion apprehension confrontation clause readily evaded applicable formalized testimonial materials ante proposed solution risk evasion needlessly overinclusive confrontation clause sought regulate prosecutorial abuse occurring use ex parte statements evidence accused also reaches use technically informal statements used evade formalized process cf ibid even interrogation formal production evidence prosecution trial resemble abuses targeted confrontation clause prosecution attempted use statements means circumventing literal right confrontation see coy iowa case confrontation clause fairly applied exclude hearsay statements offered prosecution preventing evasion without simultaneously excluding evidence offered prosecution good faith standard disconnected history unnecessary prevent abuse also yields predictable results police officers prosecutors attempting comply law cf crawford supra criticizing unpredictability test white undoubtedly police officers deciding whether give miranda warnings possible emergency situation act host different instinctive largely unverifiable motives safety safety others perhaps well desire obtain incriminating evidence suspect assigning one two largely unverifiable motives primacy requires constructing hierarchy purpose rarely present reliably discernible inevitably quite simply exercise fiction repeated invocation word objectiv describe test see ante however suggests may mean reference purpose instead inquire function served interrogation certainly test avoid pitfalls led us repeatedly reject tests dependent subjective intentions police however cost even disconnected prosecutorial abuses targeted confrontation clause additionally shift ability control whether violation occurred police prosecutor judge whose determination primary purpose particular interrogation unpredictable necessarily tethered actual purpose police performed interrogation neither call issue davis police questioning issue hammon testimonial appropriate framework neither call questioning formalized circumstances surrounding taking statements render statements sufficiently formal resemble marian examinations statements neither mirandized custodial accompanied similar indicia formality finally suggestion prosecution attempted offer women hearsay evidence trial order evade confrontation see ind prosecution subpoenaed amy hammon testify present en banc state unable locate michelle mccottry time trial accordingly statements issue cases nontestimonial admissible confrontation clause determination evidence hammon must excluded extends confrontation clause far beyond abuses intended prevent combined holding evidence davis perfectly admissible however hammon holding also reveals difficulty applying requirement courts investigate primary purpose investigation draws line two cases based explanation hammon involves emergency progress instead mere questioning part investigation possibly criminal past conduct ante explanation davis involves questioning primary purpose enabl ing police assistance meet ongoing emergency ante fact officer hammon investigating hammon past conduct foreclose possibility primary purpose inquiry assess whether hammon constituted continuing danger wife requiring police presence action hardly remarkable hammon act abusively towards wife presence officers ante good judgment refrain criminal behavior presence police sheds little light whether violence resumed police left without questioning transforming dismisses past conduct back ongoing emergency ante mere fact mccottry needed emergency aid shed light whether primary purpose gathering example name assailant protect police protect victim gather information prosecution cases like many similar cases pronouncement primary motive behind interrogation calls nothing guess courts ii standard adopted today neither workable targeted attempt reach abuses forbidden clause concur judgment davis washington respectfully dissent resolution hammon indiana footnotes together hammon indiana certiorari indiana footnotes holding refers interrogations explained statements cases presently us products interrogations circumstances tend generate testimonial responses imply however statements made absence interrogation necessarily nontestimonial framers willing exempt volunteered testimony answers questions exempt answers detailed interrogation part evidence sir walter raleigh letter lord cobham plainly result sustained questioning raleigh case tr course even interrogation exists final analysis declarant statements interrogator questions confrontation clause requires us evaluate operators law enforcement officers may least agents law enforcement conduct interrogations callers purposes opinion without deciding point consider acts acts police crawford washington therefore ing today makes unnecessary consider whether statements made someone law enforcement personnel testimonial see state webb super eq per curiam excluding deposition taken absence accused state atkins super eq per curiam excluding prior testimony deceased witness johnston state err app admitting written deposition deceased deponent defendant opportunity finn commonwealth excluding prior testimony witness still alive though outside jurisdiction state hill app excluding deposition deceased victim taken absence accused commonwealth richards mass excluding preliminary examination testimony deceased witness witness precise words available bostick state admitting deposition deceased defendant declined opportunity people newman hill sup per curiam excluding prior trial testimony witness still alive state campbell app excluding deposition taken absence accused state valentine per curiam admitting preliminary examination testimony decedent defendant opportunity kendrick state admitting testimony deceased witness defendant prior trial state houser mo excluding deposition deponent still alive roberts condition ed admissibility hearsay evidence whether falls rooted hearsay exception bears guarantees trustworthiness crawford quoting roberts overruled roberts crawford restoring unavailability requirements dissent criticizes test neither workable targeted attempt reach abuses forbidden confrontation clause post opinion thomas former acknowledged holding exhaustive classification conceivable statements even conceivable statements response police interrogation supra rather resolution cases us like cases test objective quite workable dissent attempting formulate exhaustive classification provided anything deserves description workable unless one thinks distinction formal informal statements see post qualifies dissent even qualifies vague distinction acknowledging confrontation clause also reaches use technically informal statements used evade formalized process post cautioning clause stop state us ing statements means circumventing literal right confrontation post hard see much predictable rule adopt narrow situations address indeed dissent approach eminently arguable dissent agree rather disagree disposition hammon indiana charge holding targeted attempt reach abuses forbidden confrontation clause dissent describes depositions taken marian magistrates characterized high degree formality see post dispute formality indeed essential testimonial utterance longer examining marian magistrates forebears examining police officers see friedman crime punishment american history perform investigative testimonial functions performed examining marian magistrates see langbein origins adversary criminal trial imports sufficient formality view lies officers criminal offenses restricting confrontation clause precise forms originally directed recipe extinction cf kyllo police investigations course way impugned characterization fruits testimonial investigations past crimes prevent future harms lead necessary arrests prosecutors may hope inculpatory nontestimonial evidence gathered essentially beyond police control saying emergency exists make confrontation clause way governs police conduct trial use investigatory collection ex parte testimonial statements offends provision neither police conduct govern confrontation clause testimonial statements footnotes like presume acts operator acts police ante accordingly refer operator davis officer hammon counterparts similar cases collectively police recent cases nearly hold excludable confrontation clause materials plainly highly formal see white illinois thomas concurring part concurring judgment exceptions involve confessions codefendants police confessions appear either formal due occurrence custody formalized signed documents see douglas alabama signed confession brookhart janis signed confession taken accomplice arrest see brief petitioner brookhart janis pp bruton custodial interrogation roberts russell per curiam custodial interrogation following warning statement used trial see brief opposition pp possibility oral declaration past fact police officer false result legal consequences speaker see ante may render honesty casual conversations police officers important however render conversations solemn formal ordinary meanings terms see new york quarles subjective motivation officer relevant considering whether public safety exception miranda arizona applicable rhode island innis subjective intent police officer obtain incriminatory statement relevant whether interrogation occurred whren refusing evaluate fourth amendment reasonableness light officers actual motivations although police questioning hammon ultimately reduced affidavit agree affidavit inadmissible per se definition term testimonial brief respondent brief amicus curiae factors relies determine police questioning hammon testimonial apply equally davis example hammon actively separated victim thereby prevented participating interrogation davis apart mccottry questioned operator thus unable participate questioning ante similarly events described mccottry time recounted operator ibid see en banc