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