Legal rules and principles governing evidence and proof in American trials

United States v. Lewis, 902 F.2d 1176, 1179 (5th Cir. 1990) (upholding trial court's admission of Officer Price's testimony about the unidentified caller's questions as non-hearsay evidence because "the questions asked....Questions and inquiries are not assertions, thus, they cannot be hearsay.

United States v. Schreane, 331 F.3d 548, 563-565 (6th Cir. 2003) (upholding trial court's ruling which allowed Officer Topping's testimony [about Duckett's statement during the stop] as an excited utterance because "Officer....A statement falls within the hearsay exception provided by Federal Rule of Evidence 803(2) only if the statement is related to a startling event or condition.

Fed. R. Evid. 406 ("Evidence ... of the routine practice of an organization ... is relevant to prove that the conduct of the ... organization on a particular occasion was in conformity with the habit or routine practice.").The routine practice of an organization is admissible to show conduct on a specific occasion.