The Public Records exception in a criminal case does not include which type of observations?

• A. Observations by a public official under a legal duty to report
• B. Activities of the office
• C. Factual findings from a legally authorized investigation
• D. Observations by law-enforcement personnel

Answer: (D)

The Public Records exception (803(8)) covers records of public offices that either reflect the office’s activities, matter observed pursuant to a legal duty to report, or factual findings from legally authorized investigations, as long as there’s no trustworthiness issue. Observations by a public official under a legal duty to report fit squarely: they’re the kind of observations the office is required to record and turn into a report. Likewise, the office’s activities and the agency’s factual findings from an authorized investigation are exactly the sorts of public records the exception envisions.

Observations by law-enforcement personnel do not fit these categories. They aren’t treated as a separate public-records category unless they’re part of a public record produced by the agency that falls under the available categories. In other words, direct law-enforcement observations aren’t included as a stand-alone item under the public records exception, which is why they are the correct choice here.