Problem 1: The police obtained the phone number of Patterson's accomplice and then acquired from the provider of the phone service a record of the phone numbers of calls made to that phone during the period of the crime and the subscriber information associated with those calls. The last name of the subscriber and other information pointed to defendant Patterson as the subscriber.
Patterson argued that the subscriber information was inadmissible hearsay "because the subscriber was not under a duty to report his or her address and name correctly when activating the prepaid cell phone accounts"
How should the judge rule on this? Why?
Problem 2: After responding to a traffic accident between a bus and a car, a police officer interviewed the bus driver. The driver told him that a passenger came up to him right after the crash and told him (the driver) that the red car went through the red light right before the crash. The driver of the red car is charged with reckless driving, and therefore the defendant in this trial. The defendant objects to the police officer's testimony.
How should the judge rule on this? Why?