Police Officer Testimony of Photo-Lineup Witness Identification
Is police officer testimony of photo-lineup witness identification considered hearsay ?
MRE 801(d)(1)(C) states that "a statement is not hearsay if the declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is one of identification of a person made after perceiving him."
Such identification by a person other than the principal witness is not hearsay and is admissible as substantive material under MRE 801(d)(1)(C). Livingston v. State, 519 So. 2d 1218, 1221 (Miss. 1988).
See also U.S. v. Cueto, 611 F.2d 1056, 1063 (5th Cir. 1980);
Anderson v. Maggio, 555 F.2d 447, 449-50 (5th Cir. 1977);
U.S. v. Harden, 469 F.2d 65 (5th Cir. 1972) (holding that an FBI agent's statement that the defendant was the person portrayed in the photograph that the witness identified is also permissible.))
The testimony was not hearsay, but an in-court identification made by a third party based on a prior out of court identification pursuant to MRE 801(d)(1)(C).