29 (2002) (excluding statement made later that afternoon) State v.
655 (2008) (excluding witness statements made hours after the event, while seated in officer’s vehicle) State v.
There is no precise time limit for what qualifies as “immediately thereafter,” but a statement made after enough time has passed so that the declarant has had an opportunity to deliberate and reflect before speaking will usually not fall within this exception. 306 (1986) (where declarant contacted police immediately after abduction, and police arrived within 10 minutes, the declarant’s statement “was not too remote to be admissible under Rule 803(1)”). 309 (1988) (where the event and the statement “occurred simultaneously and the statement was in explanation,” the statement “was admissible under the present sense exception to the hearsay rule”) State v. 628 (1997) (allowing statements of witnesses made immediately after witnessing shooting) State v. 318 (2007) (victim’s statements on the phone to a friend, made immediately before defendant and accomplice showed up at her house and less than two hours after accomplice contacted declarant, was admissible as present sense impression) State v. Second, the statement must have been made either “while…perceiving” the event or condition, or “immediately thereafter.” G.S. 298 (1990) (allowing statement where declarant “came over to her mother's house crying and saying that defendant had kicked her out of his house”). 31 (1996) (admitting declarant’s statement that defendant was “after” two people, where declarant saw him with a shotgun) State v. 131 (2004) (admitting statement asking for help because defendant was “tripping”) State v. 605 (2010) (victim’s statement identifying the defendant as the shooter was a present sense impression) State v. Describing or Explainingįirst, the statement must actually describe or explain the event or condition. The rule sets forth two key requirements for a statement to be admissible under the present sense impression exception: (i) the statement must describe or explain an event or condition and (ii) it must be made while perceiving the event or immediately afterward. The rationale for this exception is that the “substantial contemporaneity” of the event or condition and the declarant’s statement describing or explaining that event or condition negates “the likelihood of deliberate or conscious misrepresentation.” G.S. A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter.
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