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Federal Rules of Evidence (US) QUESTION #3781
Question 1
A defendant is on trial for a drive-by shooting. A witness testifies she saw the car but couldn't see the driver. The prosecution then offers a recording of a 911 call made by a bystander (who has since died) 30 seconds after the shooting, saying, 'I just saw [Defendant] driving that car!' Is the recording admissible?
  • No, because it violates the Confrontation Clause.
  • Yes, as a Present Sense Impression under Rule 803(1).✔️
  • No, it is hearsay not subject to an exception.
  • Yes, as a Dying Declaration under Rule 804(b)(2).
Correct Answer Explanation
Rule 803(1) allows statements describing or explaining an event or condition, made while or immediately after the declarant perceived it. 30 seconds after the event usually qualifies. (Note: Crawford/Confrontation Clause issues may exist, but purely under FRE, 803(1) is the fit).