243
Admissibility of Lineup and Showup
Identifications
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Lineup and showup identifications are admissible as
non-hearsay statements
under Rule 801(d)(1)(C) of the Federal Rules of Evidence as long as
the
identifying witness testifies at trial. The evidence of a trial
witness' prior
identification may be presented by a third party who was present at
the
identifications, see United States v. Elemy, 656 F.2d
507 (9th Cir.
1981), but the percipient witness must testify at trial.
See United
States v. Owens, 484 U.S. 554 (1988) (effect of failure of
memory).
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