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Name: People v. Saffold
Case #: B174110
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 03/24/2005

A proof of service is not testimonial evidence within the meaning of Crawford v. Washington (2004) 541 U.S. 36. Defendant challenged his conviction for violating a temporary restraining order on the ground that his Sixth Amendment right to confront witnesses was violated by the prosecution’s use of a signed proof of service to prove that defendant had received notice of the restraining order, where the person who signed the proof of service was not called as a witness. The Court of Appeal held that because the deputy who signed the proof of service was not an accuser making a statement to government officers, and because the act of serving notice of the restraining order and signing the proof of service did not equate to giving testimony, no Sixth Amendment interests were implicated by introduction of the document.