Testimonial evidence is where a person takes the stand and answers questions about a case. ... Such statements often constitute hearsay evidence and are generally not admissible because they're not as reliable as statements made in court and under oath.Non testimonial statements are those made to law enforcement for the purposes of helping during an emergency. Testimonial statements are those made when there is no emergency and for the primary purpose of the using the information obtained for criminal prosecution.Evidence that can not be presented to the jury or decision maker for any of a variety of reasons: it was improperly obtained, it is prejudicial (the prejudicial value outweighs the probative value), it is hearsay, it is not relevant to the case, etc.Court held that statements are “non-testimonial when made in the course of police interrogation under circumstances objectively indicating that the primary purpose of the interrogation is to enable police assistance to meet an ongoing emergency.”
