Question
You are prosecuting a defendant for a residential burglary. You allege that the defendant broke into an apartment and stole a laptop belonging to the
You are prosecuting a defendant for a residential burglary. You allege that the defendant broke into an apartment and stole a laptop belonging to the tenant. In your direct examination of the officer who arrived on the scene, you established that she interviewed witnesses and arrested the defendant. The defense counsel has just asked the following questions on cross-examination.
Q:You learned that my client used to live in that same apartment as a roommate with the tenant, correct?
A:Yes.
Q:And you interviewed my client on the scene, correct?
A:Yes.
Q:And my client told you that she actually shared the laptop with the tenant, isn't that correct?
As the prosecution, you do not want this self-serving statement to come in. What should you do?
A. | Don't object. Under FRE 803(1), the statement describes or explains an event while or immediately after the declarant perceived it. The statement was made while the witness was still on the scene, immediately after the alleged event. This statement is a present sense impression and is admissible. | |
B. | Object. While the witness made the statement on the scene at the time of the arrest, the statement describes a past event, and thus, the statement is inadmissible hearsay. | |
C. | Object but don't provide any argument. | |
D. | Don't object and later move to strike the unfavorable testimony. |
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