Hallums v. United States

I would hold that the trial judge did not err, constitutionally or otherwise, in admitting Officer Lee’s identification of appellant.

Officer Lee was with Officer Barriek when they saw a woman enter Lord & Taylor and begin removing Coach handbags from a counter top display. According to Officer Barriek, Officer Lee “immediately” declared, “That’s Theresa Hallums.” In my view, Officer Lee’s declaration was a statement of “present sense impression” as defined in Federal Rule of Evidence 803(1): “A statement describing or explaining an event or condition made while the declarant was perceiving…