What is a present sense impression under Rule 803(1)?

• A. A statement describing or explaining an event as it is happening or immediately after.
• B. A statement describing an event later after reflection.
• C. A statement of memory.
• D. A statement offered to show the declarant's state of mind.

Answer: (A)

Present sense impression is an exception to the hearsay rule that allows a statement describing or explaining an event or condition to be admitted when it is made while the declarant is perceiving the event or immediately after. The crucial element is immediacy—the description or explanation reflects what is observed in real time, or right after, before time for reflection could alter it. That’s why the option that states a statement describing or explaining an event as it is happening or immediately after fits this rule best. The other choices involve describing something later after reflecting (memory) or referencing the declarant’s internal state rather than the observed event (state of mind), which are outside the present sense impression category. For example, “The car is speeding toward us!” spoken during the event is a present sense impression; saying “The car was speeding toward us yesterday” or “I remember the car speeding” would not.