Uniteds States v. Phelps

572 F.Supp. 262 (1983)

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Nature of the Case

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Facts

Officers were conducting a stakeout and observed Ds enter a mobile home park in a Lincoln Continental automobile. Ds parked the car and went into one of the mobile homes. The automobile bore a Florida license plate, which a radio inquiry revealed was registered to Budget Rent-a-Car. The automobile was two days overdue and was not to be driven outside of Florida. Budget instructed the officers to take the car into their possession and return it to Budget. The officers knocked on the door of the mobile home and informed Ds they were taking the car. When Ds were removing their personal belongings from the automobile several large bales of marijuana were found inside the trunk. More than a pound of cocaine was found in a satchel or gym bag, also located in the trunk. At trial, Phelps (D) advised the court that he was going to seek to introduce through the testimony of one of the officers, that, when the officers discovered the cocaine in the gym bag, Phelps had stated, 'That is my gym bag, but Taylor (D) put it in the trunk.' Taylor (D) made objected in that it was hearsay and would violate his right to confrontation as Phelp (D) was not going to take the stand. Phelps (D) claimed it was an admission or came under the present sense exception of F.R.Ev. 803(1), or the excited utterance exception of F.R.Ev. 803(2).