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52. Is the probation officer's testimony admissible in the probation revocation proceeding?
In a probation revocation proceeding, the government has called the defendant's probation officer to testify. The probation officer will testify that a confidential informant told her that the defendant had violated his probation by associating with known criminals. The defendant objects to the proposed testimony.
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A is incorrect. Because the Federal Rules of Evidence do not apply to probation revocation proceedings, whether the testimony would be hearsay under the rules is not relevant to the admissibility of that evidence.
B is incorrect. Because the Federal Rules of Evidence do not apply to probation revocation proceedings, the rule governing lay opinion testimony is not applicable.
D is incorrect. The Federal Rules of Evidence do not apply to probation revocation proceedings. Additionally, the confidential informant's statement is in fact being offered for its truth, to show the basis for revoking probation, and would be hearsay if the rules did apply.