United States v. Cain
United States Court of Appeals for the Fifth Circuit
587 F.2d 678 (1979)
After escaping federal prison in a stolen truck, Richard Cain (defendant) and a companion abandoned the vehicle; an unidentified caller reported to a state trooper seeing two shirtless men near the abandoned truck attempting to hitch a ride, and a second caller minutes later reported seeing similar men five miles down the road, leading to their eventual capture and identification as the escapees. At trial, the first caller's report was the only evidence connecting Cain to the stolen truck, admitted under the present sense impression hearsay exception; Cain was convicted and appealed, arguing the report was inadmissible hearsay.
Whether a caller's report about observing suspects near a stolen vehicle qualifies as an admissible present sense impression, when subsequent evidence suggests a significant time lapse between the observation and the report.