Crucial Exams

Multistate Bar Examination Practice Question

A defendant is on trial for burglary. A police officer testifies that within minutes of arriving at the scene, a bystander who has since refused to appear in court exclaimed, "I just saw someone wearing a red hat run out of that house!" The prosecution offers the bystander's statement to prove that a person wearing a red hat fled immediately after the burglary. Under the Federal Rules of Evidence, how should the court treat the statement?

  • The statement is admissible only if the bystander is unavailable and the prosecutor presents it as former testimony.

  • The statement is inadmissible hearsay because it is offered for the truth of the matter asserted and no exception applies.

  • The statement is hearsay but is admissible under the present-sense-impression exception.

  • The statement is non-hearsay because it merely explains the officer's subsequent investigation.

Multistate Bar Examination
Evidence
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